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1976 Supreme(Mad) 674

P.S.KAILASAM, V.BALASUBRAHMANYAN
Padmavathi and Bheema Raja – Appellant
Versus
The State of Tamil Nadu, represented by its Secretary, Education Department, Madras-9 and The Special Tahsildar for Land Acquisition, Town Planning, Coimbatore – Respondent


Advocates:
M. Venkatachalapathy, for Petitioner in Writ Petition No. 746 of 1972.
R. Krishnamoorthi, D. Raju and A. R. Lakshmanan, for Petitioner in Writ Petition No. 889 of 1972.
C. Chinnaswami, for Government Pleader in both the writ petitions.

Koshal, J.-By this order I shall dispose of two petitions under Article 226 of the Constitution of India, viz., Writ Petitions Nos. 746 and 889 of 1972, in each of which there is a single petitioner who challenges the acquisition of his land situated in Coimbatore town. The acquisition proceedings were initiated by a notification, dated the 15th of April, 1970 issued under sub-section (1) of section 4 of the Land Acquisition Act (hereinafter referred to as the Act) . Notices of the proposed acquisition were published in conformity with rule (1) of the rules framed by the Tamil Nadu Government under section 55 (1) of the Act, but no notice thereof was served individually on either of the petitioners and it is contended on their behalf that the acquisition proceedings are void for want of such notices which it was incumbent on the Collector to serve as per instruction (1) contained in paragraph 9 of Standing Order 90 issued by the Board of Revenue. That instruction states:

“(1) Besides publishing the notice as prescribed in rule 1 of the Appendix I, the Collector should see that individual notices are served as far as possible on every person known or believed to be interested in the










































































































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