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1998 Supreme(Mad) 960

N.V.BALASUBRAMANIAN, SHIVARAJ PATIL
K. R. Ammasai Gounder – Appellant
Versus
The State of Tamil Nadu, rep. by its Commissioner and Secretary to Government Madras-9 and Another – Respondent


Advocates:
Mr.M. Kandaswamy, Advocate for Appellant. Mr.R.
Thirugnanasambandam, A.G.P.(W) for Respondents.

Judgment :-

Shivaraj Patil, J.

1. The appellant herein has filed this appeal aggrieved by the order dated 14. 1990 passed by the learned single Judge in Writ Petition No. 13487 of 1986.

.2. In brief, the facts leading to the filing of this appeal, are the following:-

.The appellant filed Writ Petition No. 13487 of 1986 seeking a writ of certiorari to quash the land acquisition proceedings taken up in pursuance of the Notification issued under Section 4 (1) of the Land Acquisition Act in G.O.Ms. No.1458, dated 17. 1985 and the declaration made under Section 6 in G.O.Ms. No.2903 dated 11. 1986 in respect of his land in Survey No.481/1, Alapalayam village, Avanashi Taluk, Coimbatore District, measuring 1.93 acres. The appellant, pleaded that he is the owner of the said dry land; he has 1/3 share in other Survey Nos. viz., 301, 453, 455/3, 477 and 478. There is a 50east-west mud road dividing the properties in Survey Nos.477 and 478 on the northern side on the one hand, and Survey Nos.301, 453, 455/3 and 481 on the south of the road. The said road is the only access to the appellants lands.

3. The appellant in the writ petition contended that there was no proper publication of the





















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