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1954 Supreme(Mad) 469

RAJAGOPALAN
Syed Dilawar Hussain – Appellant
Versus
The Collector of Madias (Land Acquisition Officer, Madras) First Line Beach, Madras – Respondent


Advocates:
V. Thiagarajan for M.A. Srinivasan and M.A. Rajagopalan for the Petitioner.
The Special Government Pleader (V.V. Raghavan) on behalf of the Respondent.

Order

This is an application under Article 226 of the Constitution for the issue of a writ of certiorari to set aside the proceedings taken by the Government under the Land Acquisition Act to acquire the property of the petitioner.

About four grounds of land belonging to the petitioner in S. No. 344/2, since demarcated 344/3, were leased by him to five persons, hereinafter referred to as tenants, who lived in the superstructures constructed by them on that land. The petitioner terminated their leases and sought their eviction which was ordered by the Court of Small Causes on 27th February, 1950. The tenants filed suits to avoid the orders of eviction, but the suits were dismissed by the City Civil Court on 31st January, 1951. The appeals preferred by the tenants to the High Court were dismissed on 27th August, 1953.

Apparently the tenants approached the Director of Harijan Welfare to acquire the site for their benefit and the Director of Harijan Welfare addressed the Government on 6th October, 1953, to acquire the land for the ostensible public purpose of“providing the Harijans of Ekangipuram Colony” with house sites. The tenants had apparently agreed to meet the entire cost of the ac













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