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2008 Supreme(Mad) 4402

D.MURUGESAN, M.SATHYANARAYANAN
Salem Periyar Kudiyiruppu Nala Sangam – Appellant
Versus
The State of Tamil Nadu, rep. by the Secretary to Government & Others – Respondent


Advocates Appeared:
For the Appellant:T.R. Rajagopalan, S.C., M/s Sai Bharath and Ilan, Advocates.
For the Respondents:R1, R. Thirugnanam, Spl.G.P, P. Wilson, Addl. Advocate General, R2 & R3, K. Chelladurai, R4- R8, A. Muralidharan, Advocates.

Judgment :-

M. Sathyanarayanan, J.

1. The appellant herein is the writ petitioner and aggrieved by the dismissal of the writ petition in W.P.No.8671 of 2004 dated 01.04.2004, had preferred this writ appeal.

2. The facts which are necessary for disposal of this writ appeal are given here under:

The writ petition was filed by the appellant-Sangam challenging the vires of the Government order in G.O.(MS) No.121 Housing and Urban Development (LAIV(2) Department dated 09.03.2001 passed by the first respondent wherein the first respondent has directed the assignment of 50 cents of land to respondents 4 to 8 and other original land owners.

2. 1 The lands in T.S.Nos.2, 3 of Ward No.1, Block No.1 and Survey No.37/2 admeasuring an extent of 5.61 acres were acquired by the Government in the year 1972 for the purposes of the construction of houses by the Tamil Nadu Housing Board/the second respondent. Respondents 4 to 8 herein were the original owners of the acquired lands. After acquisition, the award came to be passed in Award No.3 of 1979 on 111. 1979 and possession of the lands was taken on 012. 1979.

2. 2 Respondents 4 to 8, not satisfied with the quantum of compensation, had sought refere







































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