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2011 Supreme(Mad) 1708

M.M.SUNDRESH
S. Ramasami – Appellant
Versus
Government of Tamil Nadu, Rep. By Secretary to Government, Backward Classes and Most Backward classes Department – Respondent


Advocates Appeared:
For the Petitioner:ARL. Sundaresan, Advocate. For the Respondents: P. Subramanian, Additional Government Pleader.

Judgment :-

1. An extent of 0.93.0 hectares in survey No.13/5, Mathagupatti Village, originally belonged to one ST.Srinivasa Chettiar, the father of the petitioner. A Notification under Section 4(1) of the Land Acquisition Act 1894, was issued by the first respondent, proposing to acquire land for the purpose of providing house sites to the Most Backward Class people of Mathagupatti Village. Accordingly, the said notification was pased in Government Order G.O.3D No.148, Backward Classes and Most Backward Classes Welfare Department dated 01.12.1993. A notice under Section 5-A of the Land Acquisition Act was issued in favour of the petitioner on 25.02.1994. The petitioner gave his objection. Thereafter, a declaration was passed by the first respondent, which was followed by an award.

2. The petitioner's mother filed a writ petition in W.P.No.4333 of 1995 before this Honourable Court, challenging the declaration and the award passed. The Honourable High Court by holding that, inasmuch as the 3rd respondent has failed to issue notice to the legal heirs of the deceased ST.Srinivasa Chettiar, the declaration and the award cannot be sustained. Accordingly, the declaration passed under Secti
















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