A CHELLAPANDI Vs. SPECIAL COMMISSIONER AND SECRETARY TO GOVERNMENT STATE OF TAMIL NADU EDUCATION DEPARTMENT

JUDGEMENT

(1.) THIS Writ Appeal is filed against the order dated 24.07.2002, passed in W.P.No.44309 of 2002, by a learned single Judge.

(2.) THE chronological events, which led to the filing of this Writ Appeal, are as under: On a request made by the Director, Indian Institute of Geomagnetism, Bombay, the District Collector, Tirunelveli, proceeded to acquire the land to an extent of 13.44 acres, including the appellant's land admeasuring 4.87 acres in Survey Nos.51/2 and 51/3 at Krishnapuram Village, Palayamkottai Taluk, for which the Government of Tamil Nadu issued Section 4 (1) Notification on 25.06.1987 and the same was published in the Tamil Nadu Government Gazette on 16.07.1987. Paper publication was given on 05.09.1987 and Form 3-A Notice was given for submission of objections if any, on 12.10.1987. On 20.10.1987, objections were filed. On 02.11.1987, Section 5-A enquiry was conducted by the second respondent. On 17.02.1988, the second respondent passed orders, excluding the land of the appellant. However, 31.08.1988, Section 6 Declaration was passed in respect of the land of the appellant also and the same was published in the Tamil Nadu Government Gazette on 01.09.1988. On 10.08.1989, the appellant filed W.P.No.11417 of 1989, challenging Section 6 Declaration. THE said Writ Petition was disposed of on 07.09.2000 with a direction to the appellant to make a representation to the Government for deletion of the land in question. Accordingly, on 23.11.2000, the appellant submitted a representation to the second respondent. On 31.08.2001, the second respondent passed an order, rejecting the request of the appellant. THE said order of the second respondent was challenged by the appellant in W.P.No.30290 of 2002, which was dismissed by the learned single Judge on 24.07.2002. Hence, this Writ Appeal.

(3.) THIS Court, by an order dated 27.09.2002, directed the Tahsildar, Palayamkottai Taluk, to go go Krishnapuram Village and inspect the lands covered by Survey Nos.51/2 and 51/3 and get the lands surveyed through a Surveyor regarding the exact location of the temple of the family deity of the appellant and also the appurtenant lands of a dimension of 100 feet surrounding the temple, earmark the same, fix the peg stones, draw sketch and submit a report to the Court. Accordingly, the Tahsildar filed a report on 31.10.2002 before this Court through the Special Government Pleader.