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1999 Supreme(Mad) 929

P.SATHASIVAM
T. Paramaraj – Appellant
Versus
State of Tamil Nadu represented by Secretary to Government, Industries Department, Fort St. George, Madras-9, and another – Respondent


Advocates:
Mr.G.Devadoss, Advocate for Petitioner. Mr.V.Selvanayagam, Government Advocate (Writ) for Respondents.

Judgment :

1. The petitioner has approached this Court to issue a writ of Mandamus for bearing the respondents from proceeding further under Land Acquisition Act in respect of the lands covered under Section 6 declaration issued in G.O.Ms.No.154 Industries (MIH-II) dated 24. 1993 of the Government of Tamil Nadu under which the land of the petitioner comprised in Survey No.222/8 in Pallapatti Village, Nilakottai Taluk, Dindigul Anna District has been declared to have been acquired on various grounds.

2. Heard the learned counsel for the petitioner as well as learned Government Advocate for the respondents.

3. After taking me through various averments made in the affidavit, the learned counsel for the petitioner has raised the following contentions:-

.(i) In as much as there was no prior approval by the Government/competent authority, the award said to have been passed on 16. 1995 is non cost and cannot be sustained.

.(ii) Since the declaration under Section 6 was published on 16. 1993, the award said to have been passed on 16. 1995 is out of time, accordingly the same is also liable to be set aside.

4. On the other hand, learned Government Advocate after taking me through the







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