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2008 Supreme(Mad) 1227

P.JYOTHIMANI
Tmt. Leelavathi – Appellant
Versus
The State of Tamil Nadu & Others – Respondent


Advocates Appeared:
For the Petitioner:AR. L. Sundaresan, Sr. Counsel for AL. Gandhimathi, Advocate.
For the Respondents:R1 & R2, Hasan Fizal, GA, R3, R. Girirajan, Advocate.

Judgment :-

The challenge in this writ petition is the notification issued under Section 4(1) of the Land Acquisition Act, 1894 dated 06.09.1996 and 6 declaration dated 011. 1997 in respect of lands of the petitioner in Survey No.366 to an extent of 3.03.0 hectares and in S.No.367 to an extent of 0.95.0 hectares in No.12, Kalapatti Village, Coimbatore Taluk.

2. According to the petitioner, the above said property is the ancestral property of her deceased father Karamadai Naicker and after his death, the petitioner and her sister entered a partition deed on 28.09.1992, according to which the petitioner is in possession of the above said lands, which are the subject matter of acquisition.

2(a). The further case of the petitioner is that she has developed the property into house sites by spending more than Rs.2 lakhs and prepared a lay-out and gifted the same to the Kalapatti Panchayat Union by gift deed dated 112. 1996 for public purposes.

2(b). The second respondent has also issued a certificate dated 25.01.1995 to the effect that the lands in S.No.366, 378 and 381 were not the subject matter of any land acquisition proceedings. The Revenue Tahsildar has also issued a certificate o










































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