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2006 Supreme(Mad) 2020

D.MURUGESAN, V.RAMASUBRAMANIAN
G. S. Gopalakrishnan & Others – Appellant
Versus
Government of Tamil Nadu rep. , by its Secretary & Others – Respondent


Appearing Advocates: For the Appellants :A.S. Vijayaraghavan, Advocate. For the Respondents:R1 – R3 C. Thirumaran, Govt. Advocate.

Judgment :-

(This writ appeal is preferred against the order dated 6.11.2003 in W.P.No.7153 of 1997.)

V. Ramasubramanian, J.

The question as to whether a notification issued under Section 4(1) of the Land Acquisition Act, 1894 in the name of a dead person is a nullity, falls for consideration in this appeal.

2. The facts leading to this appeal are as follows:-

Five persons by name M.Narasimha Reddy, G.S.Gopalakrishnan, Tmt.Rajamma, M.Krishnappa and L. Nachiappan jointly filed a writ petition in W.P.No.7153 of 1997 praying for the issue of a Writ of Certiorari to call for the records of the first respondent relating to a notification issued under G.O.Ms.No.130, Electronics, Science and Technology (C) Department dated 2.11.1988 under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called as the 'Act') and the declaration issued under Section 6 of the Act under G.O.Ms.No.941, Industries (SIF2) dated 18.12.1989 and the award No.4 of 1991 dated 19.12.1991 of the second respondent and to quash all those proceedings in so far as they related to the land of an extent of 39 cents in Survey No.671/1, Hosur Village and Taluk. It was their contention in the writ petition that the said



















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