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1975 Supreme(Mad) 462

V.SETHURAMAN
The State of Madras represented by the District Collector of Madurai – Appellant
Versus
R. K. Ramakrishnan and another – Respondent


Advocates:
The Additional Government Pleader, for Appellant.
K.R. Thiagarajan, for Respondent.

Judgment:- The suit, which gives rise to this second appeal by the defendant, was filed by two plaintiffs for recovery of possession of the plaint schedule property from the State of Madras represented by the Collector of Madurai and for recovery of damages of Rs. 1,000 for alleged wrongful demolition of the building that stood on that property.

2. One Dr. Venkatarama Iyer, who owned lands in R.S. Nos. 260 to 264, had an existing source of water supply from sluice No.4 of Sakulam fed by the Periyar system. He and his relative desired that they should get direct supply of water from the Periyar channel distri-butory No. 3. He therefore moved the Public Works Department for the purpose of getting the change in the water supply. This involved the acquisition of certain lands measuring about 6 cents in R.S. No. 286/2 lying in Sennagarampatti Village belonging to the plaintiffs. The Government issued the notification under section 4 (1) of the Land Acquisition Act on the 6th of December, 1961. Section 4 (2) provides that whenever it appears to the Government that land in any locality was needed or was likely to be needed for any public purpose, a notification to that effect should be pub













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