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.

(ii) The Notification under Section 4(1) of the Land Acquisition Act, 1894 was published in the Government Gazette dated 25.10.1961 for construction of houses for 111, Kodambakkamputhur, Part II Neighbourhood Scheme. However, 17.72 acres out of 18.76 acres were withdrawn from the acquisition proceedings excluding the lands in Survey No.289/1 to 3 measuring 1.04 acres as per withdrawal Notification approved in G.O.Ms.No.1372, Industries, Labour and Co-operation dated 10.03.1964 and published in Tamil Nadu Government Gazette on 25.03.1964. Subsequently, a portion of the lands comprised in S.No.298/1 was excluded. The rest of the lands comprised in S.No.298/1 and their lands in S.No.298/2 and 3 came up to the stage of Award, while the entire notified area measuring 17.72 acres out of 18.76 acres were withdrawn from acquisition even before the Draft Declaration was to be issued under Section 6 of the Land Acquisition Act, 1894.

(iii) His parents Murugappa Maistry and Murugammal projected several representations, (including the representation dated 10.08.1976) to the Board of Revenue requesting them to exclude S.Nos.298/2 & 3 measuring an extent of 0.67 cents from acquisition proceedings, since housing accommodation for more than 10 family members were to be provided in the said land for their family members and that he was singled out and meted out with discriminatory treatment, while major extent of 17.72 acres out of 18.76 acres was withdrawn from the acquisition proceedings which was sought to be acquired as per Section 4(1) Notification dated 25.10.1961 from Kodambakkam Pudur Part II Neighbourhood Scheme, but G.O.Ms.No.837 Housing dated 15.06.1976 the Government of Tamil Nadu had announced a policy decision that house site and village site etc. should be excluded from acquisition proceedings, the non exclusion of their land, which was house site belonging to their parents was a gross violation of the policy decision of the Government. Although there was a mention that the lands were wet lands, the fact remains that the aforesaid property was a house site and it was in their occupation and there were tenants in the said property could be seen from the Award notice.

(iv) The draft declaration for S.No.298/1 to 3 was published in the Government Gazette on 05.02.1964. The Award No.6/70 was passed on 28.03.1970. The award amount was not deposited into Court till date as mentioned in the Award and the possession of lands comprised in S.No.298/2 & 3 measuring an extent of 0.67 cents was not taken till now as per Section 16 of the Act and his parents continued to be in possession of the lands.

(v) The representation of his parents in the year 1976 to the Board of Revenue was forwarded to the D.R.O., Kancheepuram, on 10.08.1976 calling for remarks regarding exclusi