The main legal point established in the judgment is that the timeliness of the Section 6 declaration and the consequences of the court's previous quashing of the acquisition proceedings were crucial in determining the validity of the land acquisition proceedings.

1. Four petitioners have jointly filed this single writ petition seeking issuance of a writ of certiorari, to call for the records relating to G.O.Ms.No.1177, Housing and Urban Development Department dated 29.12.81 and published in the Tamil Nadu Government Gazette dated 2.2.82 in Supplement No.4A part Section 2 in issuing the notification under Section 4(1) of the Land Acquisition Act, 1894 as amended therein and the G.O. (Nilai) No.283, Housing and Urban Development Department dated 10.7.2000 in issuing the declaration under Section 6 of the Act and the notice dated 22.4.2002 issued by the Special Tahsildar (Land Acquisition) Housing Scheme No.III, Coimbatore, the second respondent herein under Sections 9(3) and 10 of the said Act so far as the petitioners lands are concerned and situated in S.F.No.86/1A, Veerakeralam Village, Coimbatore Taluk and District in an extent of 1.22.0 Hectares of lands and to quash the same.

2. Mr. R.Sivaraman, learned counsel for the petitioners submitted that the punja land in question having an extent of 3.02 acres covered in S.F.No.86/1A, Veerakeralam Village, Coimbatore Taluk originally belonged to one Tmt. Nallakkammal, the mother of the third petitioner and grandmother of the other petitioners herein. After the purchase of the said property in the year 1938, she was in exclusive possession and enjoyment of the land till her death on 6.9.2002. During her lifetime, she had executed a registered Will dated 2.9.2002 in favour of the petitioners. While so, the first respondent issued a notification under Section 4(1) of the Land Acquisition Act, 1894 ("the Act" for short) in G.O.Ms.No.1177, Housing and Urban Development Department dated 29.12.81 and the same was also published in the Government Gazette dated 2.2.82 stating that the lands comprised in various survey numbers belonging to the petitioners and others were needed for a public purpose to wit for the construction of houses under the Annanagar Neighbourhood Scheme. Even though the said late Nallakkammal participated in the enquiry conducted by the second respondent under Section 5-A of the Act and submitted her objections, the second respondent overruled the objections and recommended for further proceedings to acquire the land. Accordingly, the Commissioner and Secretary to Government, accepting the recommendations of the Special Tahsildar (Land Acquisition), issued a declaration under Section 6 of the Act in G.O.Ms.No.131, Housing and Urban Development Department dated 30.1.85 and the same was also published in the Tamil Nadu Government Gazette on 31.1.85. Aggrieved by the land acquisition proceedings and complaining that the same were perverse, illegal and contrary to the provisions of the Act, the late Nallakkammal filed W.P.No.18493 of 1991 before this Court. This Court, by order dated 13.7.99, clearly held that the particulars regarding Section 5-A enquiry showed that after communicating the remarks of the Housing Board to the petitioners on 4.10.82, there was no further enquiry as per Section 5-A(2) of the Act. Hence, the acquisition proceedings from the stage of 5-A enquiry were quashed, however, with liberty to the respondents to issue a fresh notice under Section 5-A of the Act. On the basis of such liberty, the respondents proceeded with the land acquisition proceedings by issuing a notice under Section 5-A of the Act calling upon the late Nallakkammal to submit her objections for the proposed acquisition and also to appear for the enquiry to be held on 31.3.2000. Even though detailed objections were submitted, the second respondent-Special Tahsildar (Land Acquisition), without applying his mind, by proceedings dated 22.6.2000, after rejecting the objections, recommended for the acquisition of the lands, and the first respondent also, accepting the said proposal, issued a notification under Section 6 of the Act in G.O.(Nilai)No.283, Housing and Urban Development Department dated 10.7.2000. In this background, the le