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2003 Supreme(Mad) 1491

P.K.MISRA
A. S. Periasamy – Appellant
Versus
State of Tamil Nadu rep. by its Secretary & Others – Respondent


Advocates Appeared:For the Petitioner:Mr. M. Sudhakar, Advocate for Mr. R.Subramanian. For the Respondents:R1-4, Mrs. Thenmozhi Sivaperumal, Advocate.

Judgment :-

Heard the learned counsel appearing for the parties.

2. The petitioner has prayed for issuing a Writ of Certiorari to quash the proceedings in Roc. 12718/97(Y1) dated 22.12.1997 issued under Section 4(1) of the Land Acquisition Act as well as for quashing the declaration issued under Section 6 of the Land Acquisition Act.

3. The petitioner has challenged the validity of such notification on the ground that the provisions relating to issuance of notice, particularly, notice relating to enquiry under Section 5-A of the Act had not been complied with. It is also contended that the notification under Section 4(1) had not been published in accordance with law.

4. The notification under Section 4 (1) of the Land Acquisition Act was published in the District Gazette of Dharmapuri District on 30.12.1997. Subsequently, there was a publication in the newspaper and in the locality on 5.1.1998. The contention of the learned counsel for the petitioner at this stage is that the publication in the District Gazette is not contemplated under Section 4(1) of the Act. Section 4 (1) of the Central Act is to the following effect:

(a) for the expression "whenever it appears to the appropriate G




























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