ORDER
K. Sampath, J.
1. The writ petition has been filed for the issue of a writ of certiorari to call for the records of the land acquisition proceedings in G.O. Ms. No. 1696 of Social Welfare Department, dated. 14.9.1987 and quash the proceedings of the first respondent insofar as the petitioners lands are concerned in respect to Survey No. 141 of an extent of 1.60 acres in Hosur Village and Taluk, Dharmapuri District.
2. The matter relates to land acquisition proceedings. The details necessary for disposal of the writ petition are as under:
The petitioner are owners of lands in S. No. 141 of an extent of 1.60 acres in Hosur Village, Dharmapuri District. They purchased the lands in question in the year 1976 from one Papamma under Registered Sale deed. A notification under Section 4(1) in G.O. Ms. No. 2072, Social Welfare Department was issued on 7.8.1986 and published in the Government Gazette on 3.9.1986. Section 6 declaration was issued in G.O. Ms. No. 1696, Social Welfare Department, dated 14.9.1987 and published in the Gazette on 19.9.1987. The proceedings were for the purpose of providing house sites to the Adi Dravidars of the Village. Notice under Sections 9(3) and 10 of the Act was issued on 10.8.1987. The enquiry was fixed on 16.9.1988. The petitioners came to know about the land acquisition proceedings only from the notice received by them in respect of enquiry under Sections 9(3) and 10 of the Act. The petitioners know only Telugu and they did not know about the proceedings earlier. After coming to know of the proceedings they filed the present writ petition and the writ petition was admitted on 28.9.1988 and interim stay in W.M.P. No. 16716 of 1988 was also granted on the same day. However the stay order was not communicated to the respondents, with the result award came to be passed on 30.9.1988.
3. Apart from the above facts the learned Counsel for the writ petitioners also brings to the notice of the court that there had been a delay of one year between Section 4(1) notification and Section 6 declaration. It is not necessary to go into the details in view of the fact that the award had been passed when this Court had granted stay of further proceedings. If the award had not been passed, in view of the decision of Supreme Court reported in State of Tamil Nadu v. Ananthi Ammal , the proceedings have to be quashed and the respondents have to proceed only under Act of 31 of 1978. In Mulraj v. Maruti Ranghunanthji Maharaj , the Supreme Court considered a situation where the proceedings continued after the High Court had granted stay as the Subordinate Court had not known about the said order. The Supreme Court held that:
Though the court which is carrying on execution is not deprived of the jurisdiction the moment a stay order is passed, even though it has no knowledge of it, this does not mean that when the court gets knowledge of it, it is powerless to undo any possible injustice that might have been caused to the party in whose favour the stay order was passed during the period till the court has knowledge of the stay order. We are of the opinion that Section 151 of the Code of Civil Procedure would always be available to the court executing the decree, for in such a case, when the stay order is brought to its notice, it can always act under Section 151, C.P.C. and set aside the steps taken, between the time the stay order was passed and the time it was brought to the notice, if that is necessary in the ends of justice and the party concerned asks it to do so. Though, therefore, the court executing the decree cannot in our opinion be deprived 6f its jurisdiction to carry on execution till it has knowledge of the stay order, the court has the power in our view to set aside the proceedings taken between the time when the stay order was passed and the time when it was brought to its notice, if it is asked to do so and it considers that it is necessary in the interests of justice that the interim proceedings should be set aside. But that can only be done by the court which has taken the interim proceedings in the interest of justice under Section 151 of the Code of Civil Procedure provided the order is brought to its knowledge and a prayer is made to set aside the interim proceedings within a reasonable time. Otherwise the interim proceedings in our opinion are not a nullity and in the absence of such exercise of power by the court executing the decree under Section 151, they remain good for all purposes.
In Palaniswamy Chettiar v. Jeevarathinammal, 1976 T.N.L.J. 150, Paul, J. has opined that under Section 151, C.P.C. the court in those circumstances should set aside the proceedings taken between the time when the stay was passed and the time when it is brought to the notice of the court if it is asked to do so and it is considered that it is necessary in the interest of justice, that the interim proceedings should be set aside. In Ramdas v. Paramasivam Pillai (1989) 1 L.W. 288, Nainar Sundaram, J. as he then was adverted to the above two decisions but on facts distinguished the judgment of Paul, J. in Palaniswamy Chettiar v. Jeevarathinammal, 1976 T.N.L.J. 150. In the case before the learned Judge though interim stay was initially granted subsequently it was vacated.
4. In the present case the stay granted on 28.9.1988 was not vacated. I am of the view that the ratio of the decisions referred to supra will directly apply to the facts of the case. Though the present proceedings are under Article 226 of the Constitution of India, this Court can go one step further and undo the mischief already done namely passing of the award. There will be no award in the eye of law. The result would be that the decision of the Supreme Court in State of Tamil Nadu v. Ananthi Ammal will come into play and the land acquisition proceedings pertaining to the writ petitioner will have to be quashed and the respondents will have to take proceedings under Act of 31 of 1978 whose validity has been upheld by the Supreme Court. Consequently, the writ petition is allowed, the impugned proceedings are quashed. However, there will be no order as to costs.