AYYAMUTHU Vs. STATE OF TAMIL NADU
LAWS(MAD)-2005-3-112
HIGH COURT OF MADRAS
Decided on March 21,2005

AYYAMUTHU Appellant
VERSUS
STATE OF TAMIL NADU Respondents


Referred Judgements :-

BHAVNAGAR UNIVERSITY VS. PALITANA SUGAR MILL PRIVATE LIMITED [REFERRED TO]
RAM BALI VS. STATE OF UTTAR PRADESH [REFERRED TO]
C.SHANMUGHAM V. TAMIL NADU HOUSING BOARD [REFERRED TO]



Cited Judgements :-

BOMBAY TOOL CENTRE VS. OFFICIAL TRUSTEE OF TAMIL NADU [LAWS(MAD)-2009-12-485] [REFERRED TO]
K.K. POONGODI VS. BHARAT PETROLEUM CORPORATION LIMITED [LAWS(MAD)-2014-6-50] [REFERRED TO]
K. AYYAMUTHU VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-6-93] [REFERRED TO]
VIGNESWARA STEELS (P) LTD VS. STATE OF TAMIL NADU [LAWS(MAD)-2020-11-57] [REFERRED TO]


JUDGEMENT

- (1.)THESE writ appeals have been filed against the judgment of the learned single Judge dated 31. 3. 1999. We have heard Mr. V. Ayyadurai learned counsel for the appellants in W. A. Nos. 1054 and 1055 of 1999 and Mr. D. Shivakumaran, learned counsel for the appellants in W. A. No. 2169/99, Mr. N. R. Chandran, learned Advocate General for respondents 1 and 2 and Mr. R. Gandhi, learned senior counsel for respondent No. 3.
(2.)BEFORE the learned single Judge learned counsel for the petitioners/appellants had raised three arguments, which are as follows:
1. In as much as the third respondent has utilised only an extent of 120 acres out of an extent of 523 acres acquired for the very same purpose, the present acquisition of 156 acres is unnecessary and unwarranted. In other words, according to him, there is no need of any lands for the requisitioning body, accordingly the present acquisition is not warranted;

2. In as much as specific authorization authorizing the Special Tahsildar (Land Acquisition) to function as Collector under section 3 (c) of the Act is not find place in the Tamil newspaper, it is not open to the second respondent to proceed with the acquisition proceedings, accordingly the same are vitiated;

3. The substance of section 4 (1) notification was not published in the locality, which is a mandatory, accordingly the acquisition proceedings are liable to be quashed.

(3.)THESE submissions have been dealt with in great detail by the learned single Judge and we have perused his judgment and we fully agree with his reasonings as they are based on relevant statutory provisions and the case law on the point. The facts in detail have also been given in the judgment of the learned single Judge and hence we are not repeating the same. Learned counsel for the appellants wanted to raise an additional point which was not raised before the learned single Judge namely, that the acquisition was for a company and the procedure prescribed in Chapter VII of the Land Acquisition Act was not followed. This point was not raised before the learned single Judge and hence we are not inclined to consider this argument at this stage as it involves questions of fact.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.