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1997 Supreme(Mad) 140

E.PADMANABHAN
R. Thiruvengadam – Appellant
Versus
The Secretary to Government, Housing Department, Government of Tamil Nadu, Madras-9 and others – Respondent


Advocates:
Mr.S.Kesavan, Advocate, for Petitioner. Mr. V.Selvanayagam, Government Advocate for Respondent.

Judgment :

1. Petitioner prays for the issue of a writ of certiorari call for the records in Form 3 Notice issued under Sec.56 (1) of the Land Acquisition Act dated 26-9-1984 in respect of the properties comprised in S.Nos.191/3A3, 191/3A5, 195/1C, 195/1D, 195/1F and 195/1H situated at Alamelumangapuram, Vellore on the file of the 3rd respondent and quash the same.

2. Though the petitioner had asked for quashing of notice in Form 3A, I am inclined to consider the writ petition on merits and I do not propose to decline the relief on this technical ground.

3. The petitioner is the owner of 1-83 acres of land comprised in S. No. 191/3A2, 195/1A, 195/1G and 195/1D of Alamelumangapuram Village. According to the petitioner, the land was purchased by his grandfather under a sale deed dated 23. 1939, a well has been put up, that they put up residential houses in an extent of 015 cents where the entire family is residing, that they have also raised basement in addition to the existing two houses. The petitioner states that this is the only land owned by them and that the place where they are residing is being acquired.

4. At the time of hearing of the writ petition, the learned counsel

























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