ORDER

This writ petition has been filed to call for the records of the 1st respondent dated 23.04.2010 in G.O. (Ms.) No.8 published in the Daily Thandhi, Puducherry Edition, on 24.04.2010 seeking to acquire the Petitioner's lands measuring an extent of 1 hectare 57 ares 50 centiar in Survey Nos.291/3 and 293/6 of Kalitheerthalkuppam Village, Villiayanur Taluk, Puducherry and to quash the same.

The short facts leading to the filing of the present writ petition are as under :

2. It is averred that the original petitioner is the owner of the land in S. No.291/3 and 293/6 at Kalitheerthankuppam village. While so, the Government of Pondicherry decided to acquire the lands belonging to the original petitioner for the purpose of providing free house sites to land less poor, for which the respondents issued 4(1) Notification on 08.02.1994. Immediately, thereafter the original petitioner made objections on 21.03.1995 to drop the land acquisition proceedings. Thereafter, the

https://www.mhc.tn.gopv.ainr/jtuideiss were served with Notice on 26.07.1995 stating that 5A enquiry was

scheduled to be conducted on 22.08.1995. Subsequently, after hearing the objections raised by the original petitioner, Declaration u/s 6 was published on 14.12.1995 in the Gazette. Challenging the said 4(1) Notification and 6 Declaration, the original petitioner filed W.P. No.18036 of 1995 and this Court vide its order dated 09.08.2001 allowed the said petition and accordingly, quashed the proceedings from the stage of enquiry u/s 5 (A). Further, the respondents were granted liberty to proceed in accordance with law. Thereafter, the respondents filed Clarification petition in W.M.P. No.32984 of 1995 in W.P. No.18036 of 1995 and accordingly, this Court vide its order dated 13.10.2003 issued certain clarifications. In compliance of the said order dated 13.10.2003, it is averred that the respondents once again issued notice under section 5A, fixing the date of enquiry as 24.05.2004, which was sent to the original petitioner through RPAD on 11.05.2004 and the same was received by him on 18.05.2004. Further, the original petitioner through his counsel sent a letter dated 20.05.2004 seeking certain information and to file his objection, but the same was rejected by the land acquisition officer. Though the said official rejected the right of the petitioner, however, later gave another opportunity to participate in the 5A enquiry. Again, the original petitioner through his counsel gave representation on the same day and requested to postpone the enquiry so as to file his objections in the 5A enquiry. In the mean time, the original petitioner filed another writ petition before this Court and obtained an order of interim stay of further proceedings on 14.07.2004 for a period of four weeks in W.M.P. No.22528 of 2004. Subsequently, the main writ petition viz., W.P. No.18818 of 2004 was dismissed as withdrawn on 03.08.2009. However, liberty was granted to the petitioner to appear before the authority concerned for 5A enquiry and to raise all his objections. Pursuant to the order of this Court, it is averred in the petition that notice intimating the date of 5A enquiry as 25.01.2010 was served on 22.01.2010 and a Memo in this regard was sent by the original petitioner / land owner and the same was filed on 25.01.2010 seeking time extension for filing his objections and later his objection was sent on 01.02.2010. However, it is the grievance of the original petitioner that without giving an opportunity of personal hearing, the respondents issued Declaration u/s 6 on 23.04.2010 and the same was published on 24.04.2010. Challenging the same, the present writ petition has been filed.

3. Pending writ petition, the original petitioner died and petitioners 2 to 4 were impleaded to contest the case.

4. Mr.N.Muralikumar, learned counsel for the petitioners submitted that after several rounds of litigation, the petitioners obtained orders from this Court, thereby respondents were directed to