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1975 Supreme(Mad) 453

VEERASWAMI, NATARAJAN
State of Madras – Appellant
Versus
Deivasigamani Pillai – Respondent


Judgement

VEERASWAMI, C. J.:- These appeals are from the orders of Palaniswami J. and Ramaprasada Rao J. By a notification under S.4 (1) of the Land Acquisition Act. certain piece of land was sought to be acquired for a public purpose, to wit, for the construction of a mutton and vegetable market. One of the survey numbers sought to be acquired, which both the appeals cover is R. S. No. 238-1A-1A-1-A-1. The description in the notification is as follows-

"Natham poromboke, R.S. No. 238-1-A-1-A-1-A/1 present enjoyers and interested persons (1) Balakrishna Pillai son of Andi Pillai, (2) Dhanammal, aged 10, (3) Rajeswari aged 7, (4) Sivaprakasam aged 2 (Nos. 2 to 4 minors by guardian father (1)), 0.13 acre (a thatched tea hotel and one well)."

Objections were filed by the respondent that the land was not nathem poromboke, but belonged to them. But these objections were overruled. There was a declaration under Section 6 on 20-8-1967, which was published. Thereafter, on 28-5-1968, an erratum to the declaration was published to the effect that what was sought to be acquired on the survey number was not the land itself but the thatched tea hotel and also well. It is this notification that was


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