M.Y. Eqbal, C.J. & T.S. Sivagnanam. J.

1. This Appeal is by the State against the order made in W.P.No.27844 of 2008, dated 24.6.2009. The Respondent herein is the Writ Petitioner.

2. The prayer in the Writ Petition was for issuance of a direction upon the Appellants to transfer the patta and re-convey the property to the Writ Petitioner in respect of Survey Nos.76/1, 76/2, 76/5 and 80/4 with an extent of 1.98, 0.12, 3.00 and 0.54 acres of Jeyganperumalpatti Village, Salem Taluk.

3. The case of the Writ Petitioner is that his father V. Narayanan was the owner of the said property and the property was subject matter of Acquisition proceedings under the provisions of the Land Acquisition Act (for short the ‘Act’), for a project of the Tamil Nadu Housing Board. Section 4(1) Notification was published on 22.7.1981, Section 5-A enquiry was conducted on 21.12.1981 and the Notification under Section 6 of the Act was published on 18.7.1984. The Writ Petitioner’s father Mr. V. Narayanan challenged the Acquisition proceedings, on 16.9.1986 by filing a Writ Petition in W.P.No.9807/1986 and an order of interim stay was granted on 19.9.1986 in W.M.P.No.14705 of 1986 in W.P.No.9807 of 1986. The Writ Petitioner’s father died on 3.7.1987 and the Writ Petition was allowed by order dated 20.11.1996 and the Acquisition proceedings were quashed. Though in the interregnum notice under Sections 9(3) and 10 of the Act was issued, the Writ Petitioner’s father did not receive the compensation and continued to be in possession of the land. It appears that the death of the Writ Petitioner’s father was not brought to the notice of this Court, when the earlier Writ Petition was allowed. Subsequently, the Writ Petitioner herein and the other legal heirs submitted Application during 1999 for change of Patta and since no orders were passed in spite of representation to the Hon’ble Chief Minister Special Cell and other authorities, a Writ Petition in W.P.No.27844 of 2008 was filed seeking for direction, upon the Respondents to transfer the patta and re-convey the property. This Writ Petition was allowed by order dated 24.6.2009 and the said order is impugned in this Appeal.

4. Only contention raised by the learned Government Pleader appearing for the Appellants is that the Writ Petitioner’s father, who filed the earlier Writ Petition died on 3.7.1987 and no steps were taken to implead the legal heirs of the deceased Writ Petitioner in W.P.No.9807 of 1986 and the Writ Petition automatically abates and the order passed in the Writ Petition is a nullity. Therefore, the learned Government Pleader would submit that the judgment has to be set aside.

5. Per contra, the learned Counsel appearing for the Respondents would submit that merely on account of the death of the Writ Petitioner’s father will not render the order passed in the Writ Petition as void and the present proceedings being a proceedings under Article 226 of the Constitution of India, the provisions of the Code of Civil Procedure cannot be made applicable and the proceedings will not abate. Further, the learned Counsel would submit that the Appellant originally acquired an extent of 267 acres at Ayyamperumalpatti Village, Salem Taluk and the lands belonging to the Writ Petitioner’s father measured 5.64 acres and as on date, except for 20 acres of land, the Appellants have not taken possession of remaining portion and the Acquisition proceedings in respect of the lands in Survey Nos.90/1A, 89/3, 89/6, 89/2A, 89/2B, 90/1C, 90/1D, 90/8B, 90/1H, 90/8A, 85/3, 83/4B, 88/1, 89/4, 90/6, 90/5, 89/5 and 87/10 lapsed, since the award was not passed within time and this has been admitted by the Third Appellant in his proceedings dated 22.1.1990. Further, the learned Counsel would submit that the lands in Survey Nos.83, 83/4A, 84/11-B, 84/12, 85/1 & 114/4 have been deleted from the Acquisition proceedings by order passed by the Government. Further, the scheme originally envisaged has not been implemented