IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.02.2011 CORAM THE HONOURABLE MR. JUSTICE. R.SUDHAKAR W.P.No.11447 of 2008 and M.P.Nos.1 & 2 of 2008 Kasthuriammal .. Petitioner Vs The Deputy Collector (Revenue) South Land Acquisition Officer, Villianur Pondicherry .. Respondent PRAYER: The Writ Petition filed under Article 226 of the Constitution of India for issue of Writ of certiorari, to call for the records on the file of the respondent dated 18.04.2008 in proc.No.603/DCRS/LA/N/03, relating to the lands situated in S.No.167/7, measuring about 0.23.0 hectares in Pirikalpattu Village, Bahour Commune and Taluk and to quash the same as illegal, incompetent, arbitrary and unsustainable in law and on facts. For petitioner : Mr.AR.M.Arunachalam For respondent : Mr.E.Vijay Anand Government Advocate (P) O R D E R The writ petition has been filed to call for the records on the file of the respondent dated 18.04.2008 in proc.No.603/DCRS/LA/N/03, relating to the lands situated in S.No.167/7, measuring about 0.23.0 hectares in Pirikalpattu Village, Bahour Commune and Taluk and to quash the same as illegal, incompetent, arbitrary and unsustainable in law and on facts 2.The writ petition has been filed challenging the proceedings No.603/DCRS/LA/N/03, dated 18.04.2008, issued on the petitioner intimating her about the intention of the authority to take possession of the land pursuant to the conclusion of the acquisition proceedings. 3.In this case, the petitioner claims to be an owner of the lands situated in S.No.167/7, measuring 0.23.0 hectares in Pirikalpattu Village, Bahour Commune and Taluk. The draft notification under Section 4(1) of the Land Acquisition Act, 1894 was issued under G.O.Ms.No.106, dated 02.09.2005 and published in the following four modes as contemplated under the Land Acquisition Act. https://hcservices.ecourts.gov.in/hcservices/ 1.Tamil Daily "Dinamalar" dated 06.09.2005, 2.English Daily "The Hindu" dated 07.09.2005, 3.State Gazette No.37, dated 13.09.2005, 4.Public affixture on 28.09.2005, The said notification under Section 4(1) of the Land Acquisition Act, 1894 was served on all the land owners/interested persons, including the petitioner. The enquiry under Section 5(A) of the Land Acquisition Act, 1894 was fixed on 25.10.2005 and the petitioner was served with the notice on 24.10.2005. The draft declaration under Section 6 of the Land Acquisition Act, 1894 was issued in G.O.Ms.No.7, dated 03.02.2006 and published in the following manner in terms of the Land Acquisition Act. 1.In the Tamily Daily, "Malai Malar" dated 07.02.2006, 2.In the English Daily, "Indian Express" dated 08.02.2006, 3.In the State Gazette No.8 dated 21.02.2006, 4.By public affixture on 01.03.2006, 4.Thereafter, the award enquiry notice, under sections 9(3) & 10 of the Land Acquisition Act, 1894 was served on 06.07.2006 and the notice informing the quantum of compensation, as per section 12(2) of the Land Acquisition Act, was also served on 24.04.2008. These proceedings are to the knowledge of the petitioner and they are not under challenge. The notice intimating the intention to take possession of the acquired lands alone challenged now stating that the notice under Section 5(A) of the Land Acquisition Act, 1894 was not served on the petitioner at that time. 5.The petitioner has no justification in filing this writ petition on the face of admitted facts as above. The relief and prayer in the writ petition is hit by delay and latches. Further, the writ petition appears to be an after thought and a last minute effort to stall the acquisition. The Court is not inclined to accept the petitioner's plea as it lacks bonafides. 6.In such a view of the matter, since the acquisition proceedings initiated under the Act has not been challenged, the writ petition challenging the impugned notice dated 08.04.2008 in proc.No.603/DCRS/LA/N/03 has no legal basis and accordingly, the writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar krk https://hcservices.ecourts.gov.in/hcservices/ To The Deputy Collector (Revenue) South Land Acquisition Officer, Villianur Pondicherry +1 CC to Government Pleader Sr.9059 W.P.No.11447 of 2008 GV (CO) BMD 08/03/2011 https://hcservices.ecourts.gov.in/hcservices/