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1999 Supreme(Mad) 1198

P.SATHASIVAM
Ramiah Moopanar – Appellant
Versus
State of Tamil Nadu rep. by the Secretary to Government Adi- Dravidar and Tribal Welfare Department, Madras-9 and another – Respondent


Advocates:
Mr.A.C. Maravan Pillai, for M/s. P. Peppin Fernando, Advocate for Petitioner.
Mr.V. Selvanayagam, Government Advocate Writ for Respondents.

Judgment :

1. Aggrieved by the land acquisition proceedings initiated by the respondents for a public purpose, namely, for providing house-sites to house-less Adi-Dravidars, the petitioner has filed the above writ petition.

2. It is stated that the petitioner is the owner of S. No. 142/ID to an extent of 0.25.5 Hectares in Peranoor village, Tenkasi Taluk. He came to know that the first respondent sought to acquire the said land for provision of house-sites to Adi- Dravidars and a notification under section 4(1) of the Land Acquisition Act was published in the Tamil Nadu Government Gazette dated 29. 1992. A notification under section 6 of the Act was published in the gazette dated 18. 1993. The petitioner was not served with any notice under section 4(1) or under section 6 of the Act. He is a permanent resident of Peranoor. He has got his permanent house at Peranoor and is residing in that house. The petitioner received a communication dated 12. 1992 stating that notice was not served on the petitioner because he was out of station. On receipt of section 5-A enquiry, the petitioner made a protest to the second respondent stating that the enquiry was bad since notice was not issued

















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