THEERTHAGIRI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The land comprised in S.No.100/2 at Keelkuppam Village, Uthankarai Taluk, Dharmapuri District belongs to the petitioner. With a view to acquire the said land for a Harijan Welfare Scheme, a Notification under Section 4(2) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 [hereinafter referred to as "the Act"] was issued. For holding enquiry the first respondent - District Collector authorised the 2nd respondent Special Tahsildar. Accordingly, the 2nd respondent held enquiry as required under Section 4(3)(b) of the Act. The petitioner participated in the enquiry and raised his objections. The 2nd respondent, however, overruled the objections and submitted a report to the 1st respondent. The 1st respondent, thereafter, straightway issued a Notification under Section4 (1) of the Act and published the same in the Dharmapuri District Gazette on 03.10.1997. Challenging the same, the petitioner has come forward with this writ petition.

(2.) The main ground to assail the impugned order is that the Notification under Section 4(1) of the Act impugned in this writ petition has been issued by the District Collector without furnishing a copy of the report of the 2nd respondent to the petitioner and without affording yet another opportunity to submit his objections. This argument is based on the judgment of the Full Bench of this Court in R.Pari v. The Special Tahsildar, adi Dravidar Welfare, Devakkottai Pasumpon Muthuramalinga Thevar District and another, 2006 (4) CTC 609 wherein it has been held as follows:-

(3.) The learned counsel appearing for the petitioner would submit that because the copy of the 2nd respondent's report was not furnished and because the petitioner was not afforded sufficient opportunity, he was not able to raise his objections to the 1st respondent so as to convince him to drop the acquisition proceedings. Thus, according to the learned counsel for the petitioner, the petitioner has been very seriously prejudiced in his defence. It is on this ground, the learned counsel would pray for setting aside the Notification made under Section 4(1) of the Act.