D.MURUGESAN
S. Muthurajan and others – Appellant
Versus
The State of Tamil Nadu and another – Respondent
2. The petitioners, have challenged the land acquisition proceedings initiated by the respondents issued under Sec.4(1) of the Land Acquisition Act (hereinafter referred to as "the Act") in G.O. Ms.No.879, Housing and Urban Development Department dated 28.5.1991 and published in Tamil Nadu Government Gazette dated 19.6.1991. According to the petitioners, they have purchased the lands by registered sale deeds on 8.2.1989 and the mutation was effected on 30.3.1989 and pattas also were granted. However, in the said notification, the names of the petitioners have not been shown and they were not given opportunity to participate in the enquiry conducted under Sec.5-A of "the Act" by issuing notice of Sec.5-A enquiry. They came to know of the land acquisition proceedings only when hey were served with the notice dated 21.7.94 under Sec.12(2) of "the Act". Hence, they pray for quashing of the land acquisition proceedings.
3. Mr.M.Kandasamy, learned counsel for the petitioners would contend that in the absence of the names of the petitioners shown in th
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