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1996 Supreme(Mad) 81

M.SRINIVASAN, S.M.ABDUL WAHAB
The Government of Tamil Nadu, Madras and another – Appellant
Versus
Rajamanickam & two others – Respondent


Advocates:
Mr. P. Rajamanickam, Govt. Advocate on behalf of the Govt. Pleader for Appellants. Mrs. Bhavani Kumar Advocate for the 1st Respondent.

Judgment :

M. Srinivasan, J.

1. The first respondent in each of these appeals challenged the validity of proceedings for acquisition of their lands by filing suits viz., O.S. Nos. 268 of 1986 and 369 of 1986 on the file of the District Munsif, Valangaiman for declaration that the acquisition proceedings culminating in the declaration under Section 6 of the Land Acquisition Act were illegal, void and unenforceable in law and for consequential injunction restraining the defendants from proceeding further with the acquisition proceedings. The suits were decreed by the District Munsif on 27. 1987. In spite of having obtained a decree for declaration and injunction, these writ petitions were filed for issue of mandamus restraining the respondents therein from interfering in any manner with the right of the petitioners to be in possession and enjoyment of the properties. The learned single Judge dismissed the writ petitions without entertaining them in limine. However, he made some observations in the order that even if possession had been taken pursuant to the proceedings under the Land Acquisition Act, the petitioners shall be restored to possession and otherwise, serious consequences w




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