STATE OF TAMIL NADU Vs. M BALAKRISHNAN

JUDGEMENT

(1.) THE unsuccessful defendants are the appellants and they have filed the Second Appeal aggrieved against the judgment and decree of the District Judge, Coimbatore in A.S. No. 220 of 1984 dt. 1.3.1985.

(2.) THE case in brief for the disposal of the appeal is as follows:- THE plaintiffs filed a suit for a declaration that the notification relating to the acquisition of a portion of the suit property is illegal and also for an order of permanent injunction. THE suit properties are situate in Chikkadhasam Palayam Village. THE plaintiffs have carved out as house sites in 1980 and also obtained necessary permission from the Town Planning Director as well as from Mettupalayam Municipality. Some few years back, the Government decided to acquire the same for the purpose of providing houses to Harijans. Subsequently, the claim was given up in 1979-80. THEy have spent a sum of Rs. 10,000/- for putting up house sites. No notification under Section 9(3) of the Land Acquisition Act was served on the plaintiffs and no enquiry was also conducted and hence the suit.

(3.) THE suit property measures about 9.43 acres is situate in Chikkadhasam Palayam Village. It is admitted that acquisition proceedings commenced as early as 27.12.1982 and notification under Section 4(1) of the Act was also published in the Gazette and enquiry under Section 5A Of the Act was alone done. THE main contention put forward by the learned counsel for the respondents is that Section 9(3) of the Act has not been complied with which reads as follows:- "Collector shall also serve the notice to the same effect on the occupier of the land and on all persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf within the revenue district in which the land is situate."