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2014 Supreme(Mad) 380

M.VENUGOPAL
M. Santhaiyan – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared
For the Petitioners:T.V. Ramanujam, Senior Counsel For M/s. T.V. Krishnamachari, Advocate.
For the Respondents:R1 & R2, V. Subbiah, Special Government Pleader, R3, S. Gomathinayagam, Additional Advocate General – III Asst. By Vanchinathan, Standing Counsel (TNHB)

JUDGMENT

1. The Petitioners have preferred the instant Writ of Certiorarified Mandamus in calling for the records relating to the impugned orders passed by the First Respondent in Letter No.30437/LA(1)/09 – 18 dated 18.10.2012 and to quash the same declaring the entire Land Acquisition Proceeding as non-est in the eye of law in so far as their lands in Survey No.298/2 and 298/3 in Kodambakkam Village and pass appropriate consequential orders.

2. The Summary of Writ Facts:

(i) According to the 1st Petitioner, the 2nd Petitioner is the wife of his deceased elder brother and the 3rd Petitioner is his son. An extent of 18.76 acres of lands in S.Nos.298/1 to 6, 298/7A, 298/7B, 298/7C, 299/1A, 299/1B, 299/2, 299/3A, 299/3B, 299/3C, 299/4, 299/5, 343/1, 343/2, 343/3, and 344 is in Kodambakkam Village. Their lands are situated in Survey No.298/2 and 298/3 measuring an extent of 0.67 cents. The land in S.No.298/2 of Kodambakkam Village measuring an extent of 32 cents belongs to his father Murugappa Maistry. Ganasa Pandithar was a tenant under is father, who later on vacated the premises. Likewise, the land in Survey No.298/3 measuring an extent of 35 cents belongs to his mother Murugammal.

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