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TMI Blog2009 (8) TMI 1257X X X X Extracts X X X X X X X X Extracts X X X X ..... t under a registered will, he bequeathed the said lands to his grandchildren (appellants and respondents 7 to 18) subject to a life interest in favour of his sons (respondents 3 to 6); and that thus the appellants and respondents 7 to 18, who were the children of respondents 3 to 6, were the vested remaindermen in regard to the said lands. They contended that the acquisition proceedings were illegal and liable to be quashed for want of notice of acquisition to the vested remaindermen who were persons interested. The said contention raised in the writ petition was purely a legal contention. A learned Single Judge of the Madras High Court accepted the said legal contention and held that the acquisition without issue of notice to them was illegal. He therefore allowed the writ petition by order dated 13.11.2001 and set aside the acquisition, reserving liberty to respondents 1 and 2 to initiate fresh acquisition proceedings after appropriate notice to the writ petitioners. The order of the learned Single Judge was challenged by respondents 1 and 2 in a writ appeal. 4. A division bench of the High Court, by the impugned order dated 17.3.2008, allowed the appeal, set aside the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relating to apportionment of compensation and provision for referring the disputes to a civil court for apportionment of compensation. 7. Persons are believed to be interested in the acquired land, if their names are disclosed to the Collector as persons having an interest in the acquired land (though their names are not entered in the revenue records) either in correspondence or otherwise and whom the Collector believes as having an interest in the acquired lands. The question whether a person is believed to be interested in the acquired land, would depend upon the subjective satisfaction of the Collector. The Collector is not expected to hold mini enquiries to find out whether the persons whose names are disclosed, (other than those whose names are entered in the revenue records) are persons interested in the acquired land or not. Therefore no person has any right to assert that the Collector should recognise him to be a person interested in the acquired land, and issue notice to him, merely because someone informs the Collector that such person is also having an interest, if his name is not entered in the revenue records. Of course, if the Collector is prima facie satisfi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cords as owners, are alone entitled to notice, and others though may have an interest, will not be entitled to notice of acquisition. It did not record any finding that the claim of the writ petitioners (appellants herein) that they and respondents 7 to 18 were the vested remaindermen, was false. The division bench however drew an inference that the persons claiming to be the vested remaindermen, being close relatives of the persons who were served notices, should be imputed with the knowledge of the acquisition proceedings and therefore their writ petition contending that they did not have notice of the acquisition, was misconceived. But what was missed was the fact that the specific contention of appellants was that they were entitled to notice of acquisition from the Collector and that such notice was not given, and that they did not contend that they did not have knowledge of acquisition. There was also no material to show that the writ petitioners and the private respondents, who are ordered to be prosecuted, had furnished any false information or made any false claim. There was no evidence of any fraud. When a writ petition is filed seeking to enforce or protect the interests ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alse statement in a declaration which is by law receivable as evidence (Sec. 199); using as true any declaration receivable as evidence, knowing it to be false (sec. 200) causing disappearance of evidence of offence, or giving false information to screen offender (Sec. 201); intentional omission to give information of offence by person bound to inform (Sec. 202); giving false information in respect of an offence (Sec. 203); destruction of document or electronic record to prevent its production as evidence (Sec 204); false personation (sec. 205); fraudulent removal/concealment of property (sec. 206); fraudulent claim to property (sec. 207); fraudulently suffering or obtaining decree for sum not due (sec. 208 and 210); dishonestly making a false claim in Court (Section 209); and intentional insult or interruption to public servant sitting in judicial proceedings (sec 228). Section 195 of Code of Criminal Procedure provides that no court shall take cognizance of any offence punishable under sections 172 to 188 (dealing with the contempt of the lawful authority of public servants) or sections 193 to 196, 199, 200, 205 to 211 and 228, when such offence is alleged to have been committed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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