K.S.PALANISWAMY
I. Easwara Pillai – Appellant
Versus
The State of Tamil Nadu represented by the Secretary to the Revenue Department for Harijan Welfare, Fort St. George, Madras-9 – Respondent
The three petitioners are brothers and are the sons of one Ayyappan Pillai. This family owned an extent of 2 acres 25 cents in old S. No. 3829 in Neendakara Village, Kanyakumari District. The family effected a partition of their properties by a registered document, dated 23rd February, 1968. Under that partition, each of the three petitioners got 75 cents in old S. No. 3829. But the registry continued to stand in the name of the father, Ayyappan Pillai. To provide house sites for Harijans, proceedings were initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the Act), and the petitioners’ property was notified under section 4(1) of the Act. The notification was published on 26th November, 1968. In that notification the name of Ayyappan Pillai was shown as the person interested in the land. Notice of enquiry under section 5-A was sent to Ayyappan Pillai, who appeared before the Acquisition Officer and gave a statement disclaiming interest and further stating that under the partition in his family, the land had been allotted to his three sons in equal shares. He also raised objections to the acquisition. His objections were overruled. But notices were no
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