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2008 Supreme(Mad) 958

A.P.SHAH, FAKKIR MOHAMED IBRAHIM KALIFULLA, V.RAMASUBRAMANIAN
Sundaravalli Ammal & Another – Appellant
Versus
The Government of Tamil Nadu, Rep. by its Commissioner and Secretary to Government & Others – Respondent


Advocates Appeared:
For the Appellants:R. Subramanian, Senior Counsel for Mrs. Hemalatha, V. Lakshminarayanan, Advocate.
For the Respondents:Raja Kalifulla, Advocate.

Judgment :-

F.M. Ibrahim Kalifulla, J.

The Division Bench in its Order of Reference dated 19.09.2007 has passed the following Order:

"Therefore we consider it a fit case to be referred to the Larger Bench. Hence, the registry is directed to place the papers before The Honourable Chief Justice to refer the matter to a Larger Bench to consider the above issue."

2. The issue relates to the question whether the decision of the Full Bench reported in 2007 (2) MLJ 706 [R. PARI vs. SPECIAL TAHSILDAR, ADI DRAVIDAR WALFARE, PASUMPON MUTHURAMALINGA THEVAR DISTRICT AND ANOTHER] conflicts with the decision of the Honourable Supreme Court reported in AIR 1995 SC 2114 [STATE OF TAMILNADU AND OTHERS vs. ANANTHI AMMAL AND OTHERS] and AIR 1968 SC 432 [ABDUL HUSSAIN vs. STATE OF GUJARAJ] as well as the decision reported in AIR 1977 SC 497 [KALUMIYAKARIMMIYA vs. THE STATE OF GUJARAT AND OTHERS]. In the opinion of the Division Bench, neither Sec.5(A) nor any other provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 contemplates, second opportunity to be given to the land owners. The Division Bench also held that in the light of the decision of the Honourable Supreme C





























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