Dr.T.Azhizuddin (Died) vs Government Of Tamil Nadu on 22 July, 2009
In fact, in an almost identical case, a Division Bench of this Court in Tamil Nadu Consumers Co-operative Federation Ltd. vs. T.A.Jayalakshmi [(2009) 2 MLJ 53] considered the earlier proceedings questioning the final statement under Section 10(1) as well as the notifications thereafter. The challenge was unsuccessful upto the Supreme Court. It was contended before the Division Bench that in the earlier proceedings, the question regarding compliance of Section 9(5) was neither raised nor argued and therefore, principle of constructive res judicata would not apply. In that case also, there was an earlier finding that "... the formalities prescribed under Sections 9 to 11 of the Act, have been meticulously observed and after acquiring the land and taking over possession of the same, a formal order also appears to have been made...". Therefore, the Division Bench rejected the contention that the earlier findings would not amount to res judicata and observed that "if such a challenge is allowed, the possibility of further litigation will be always hanging over the State Government and no matter could reach its finality".