B.SUBHASHAN REDDY, K.P.SIVASUBRAMANIAM
Secretary, Government of Tamil Nadu – Appellant
Versus
Parvathi – Respondent
B. Subhashan Reddy, CJ.
1. This writ appeal has been filed aggrieved by the order of the learned single Judge setting aside the notification on the ground of non-compliance of the mandatory provisions under Section 5A as also Section 4(1) of Land Acquisition Act, 1894, hereinafter referred to as ‘the Act’.
2. Theland of the petitioner, ad-measuring 201?2 cents in Survey No. 131 situate in Andhiyur Village in Udumalpet Taluk of Coimbatore District, has been notified for acquisition along with other lands for the public purpose of providing house sites to Adi Dravidars. Draft notification under Section 4 (1) of the Act was gazetted on 5.3.1983. The name of Thangamuthur Gounder, whose legal representatives are the respondents 1 to 8 here, is found in the said notification. Section 5A enquiry was conducted, as urgency clause was not invoked. Then under the said provision, a notice had to be given to the above person but it was not given on the ground that he was absent from the village and that the notice was affixed on the outer door of his house. But it is not disputed that he was not the only person residing in the house and there were several persons but no attempt was
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