The acquiring authority is bound to issue notice to and give an opportunity of being heard to the real owner of the land, even if his name is not shown in the Revenue records.

K.P. Sivasubramaniam, J.

1. This writ appeal is directed against the order of the learned single judge in W.P.No.10307 of 1991, dated 22. 1999.

2. In the writ petition, the petitioner has sought for quashing the acquisition notification issued under Section 4(1) and Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act). The facts which are sufficient for the disposal of the writ appeal are admitted by both sides and are as follows:-

.(i) The impugned proceedings are initiated for acquisition of lands for provision of house sites for Adi dravidars. An extent of 0.91.5 hectare in Survey Nos.18/3 and 18/4 of Kolakkaravady village was sought to be acquired and in the notification under Section 4 (1) of the Act, the names of Lakshmanan (writ petitioner) Raman and Annamalai were shown as owners of strips of land comprised within the said extent. All the three of them are sons of Late Kuppusamy and notice was sent to all of them calling upon them to file their obj ections and for an enquiry on 29. 1989. Lakshmanan, the writ petitioner filed his representation raising certain objections including his claim that in a partition effected in the year 1986, the lands in question fell to his share and he was in enjoyment of the lands and that neither Annamalai, nor Raman had any interest over the lands. Both Raman, Annamalai appeared for the enquiry and submitted that after the partition in the family and after executing a koor-chit the lands fell to the share of the writ petitioner and that as such they had no interest over the land. A perusal of the order under Section 5-A of the Act as well as the counter affidavit filed by the respondents discloses that the Tahsildar overruled the objections stating that the Revenue records disclose only the name of Raman and Annamalai and since the koor-chit was not registered, the same was not taken into account as a valid document. With the result, neither the objections of lakshmanan were considered in the order under Section 5-A; nor was any follow-up of action taken with reference to his objections in compliance of Rule 3(b) of the Tamil Nadu Rules. These facts are not disputed by both sides and the appellant does not dispute that his name is not entered into the Revenue records.

3. The learned Judge while disposing of the writ petition agreed with the action of the acquiring authority and hence the present writ appeal.

4. The question which arises for consideration is as to whether the appellant herein could be held as a "person interested" and if so whether failure to consider his objection would vitiate the enquiry. The expression "person Interested" has been defined in Section 3(b) of the Act as including all persons claiming an interest in compensation to be made on account of acquisition of the land and any person claiming easement affecting the land shall also be deemed to be interested in the land. Under Section 5-A (3) of the Act also, it is stated that for the purpose of the Section a person shall be deemed to be interested in the land who would be entitled to claim an interest in the compensation if the land was acquired under the Act.

5. It is true that as far as the initial stage of acquisition proceedings are concerned, the acquiring authorities are not required to hold any enquiry into the ownership or the various claims over the property beyond the names disclosed in the Revenue records as owners or as "persons interested". But where the enquiry reveals that the ownership of the land vests in the some person whose name is not shown in the Revenue records, he is bound to issue notice to him and give him an opportunity of being heard vide a judgment of a Full Bench of this Court in P.C.Thanikavelu v. Spl. Dy. Collector, L.A., Madras, A.I.R.1989 Mad. 222. It would be relevant to note the following observation in the said judgment:

"In such cases, if it is brought to the notice of the collector by the erstwhile land owner or by any othe