RUKMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Applicants are respondents 1 to 4 in the Writ Appeal. They have come forward with the present Review Application to review the judgment, dated 02.09.2008, passed in W.A.No.868 of 2001, by a Division Bench of this Court.

(2.) The admitted facts are that G.O.Ms.No.1119, dated 15.05.1085, was issued by the Social Welfare Department, Government of Tamil Nadu, requesting the Collector of Coimbatore, to instruct the Land Acquisition Officer to cause publication of Notification under Section 4 (1) of the Land Acquisition Act,1894, in short, "the Act". It was published in the Tamil Nadu Government Gazette, dated 29.05.1985; vernacular newspaper "Daily Thanthi" on 12.06.1985 and in English newspaper "The Indian Express" on 13.06.1985. Declaration under Section 6 of the Act was issued as per G.O.Ms.No.1536, Social Welfare Department, dated 18.06.1986, regarding acquisition of 1.42 acres of land in S.F.No.142/1 of Ganapathy Village, Coimbatore, for Adi Dravidar Welfare Scheme and requesting the Collector of Coimbatore to prepare a layout for house sites and it was published in the Tamil Nadu Government Gazette Extraordinary, dated 20.06.1986; English daily "News Today" on 21.06.1986 and in the locality on 23.06.1986.

(3.) W.P.No.5220 of 1987 was filed by the owners of the land seeking to quash the above said two G.Os.viz., (1) G.O.Ms.No.1119, dated 15.05.1985, and (2) G.O.Ms.No.1536, dated 18.06.1986. A learned Single Judge of this Court, by an order, dated 06.01.1997, allowed the said Writ Petition, following a covered decision of this Court in the case of Seethalakshmi Ramakrishnananda v. Tahsildar (LA) II, Bharathiar University, Coimbatore. As against the said order of the learned Single Judge in allowing the Writ Petition, Writ Appeal No.868 of 2001 was preferred by the State before the Division Bench. By an order, dated 06.03.2002, in W.A.M.P.No.836 of 2002, interim stay of the order of the learned Single Judge was granted and, ultimately, by the judgment, dated 02.09.2008, the Writ Appeal was allowed by the Division Bench.