T KRISHNAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner in W.P.No.6247 of 2006 seeks the issue of a writ of Certiorarified Mandamus to quash the proceedings dated 17.11.2005 and to forbear the respondent from dispossessing the petitioner from the land comprised in S.No.26/4A measuring an extent of 0.20.5 hectares and S.No.26/6, measuring an extent of 0.07.0 hectares and S.No.27/3, measuring an extent of 0.47.0 hectares in total an extent of 0.74.5 hectares in Keela Perambalur Village, Kunnam Taluk, Perambalur District.

(2.) IT is stated that the lands are cultivable lands raising 3 bogums every year. The second respondent issued a notice dated 30.12.2004 indicating that the petitioner's land is required for grant of free house sites to Adi Dravidars and hence, called for objections. Immediately thereupon, the petitioner filed his objections that the lands are cultivable lands and considering the fact that the family consists of seven members that the property has to be divided among them, the action on the proposed acquisition be dropped. A representation was also sent to the Minister, Adi Dravida Welfare, pointing out that there is already a Harijan Colony on the southern side properties as well as on the eastern side hence, there was no necessity to create one on the northern side of the village. They made their suggestion to the Minister that the lands on the southern and eastern side could be acquired for development purposes. The petitioner pointed out that near the lands proposed for acquisition, there is a tank and they are drawing water therefrom to irrigate the lands. The petitioner pointed out that one Krishnan Pillai offered 7- acres of land in Survey Nos.78/1 to 7 and Survey No.79 as one entity which would be suitable for grant of patta to the landless Harijans.

(3.) THE petitioner was visited with a notice dated 30.12.2004 calling for objections. It is stated that an extent of 5.81.0 hectares was proposed to be acquired for granting free house sites to Adi dravidars. THE petitioner therein filed his objections before the Special Tahsildar (Adi Dravidar Welfare), Perambalur on 27.01.2005. Taking similar objections as had been done in W.P.No.6247 of 2006, the petitioner pointed out that the enquiry was not done in a manner known to law. THE petitioner contends that the alternative lands in Survey Nos.78 and 79 could be acquired for housing purpose as it was not far away from village settlement. However, the second respondent - District Collector, by his proceedings dated 17.11.2005, rejected the objections. Based on the said order, the second respondent caused publication of notification in the Perambalur District Gazette under Section 4(1) of Tamil Nadu Act 31 of 1978 dated 23.11.2005, declaring that the lands covered the Notification are acquired under the said Act.