KAMALA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the submissions made by the learned counsel appearing for the writ petitioners and the learned Additional Government Pleader appearing for the respondents.

(2.) THE writ petition has been filed by the land owners aggrieved by the Notification issued by the Collector praying for a Writ of Certiorari to quash the land acquisition proceedings initiated by the second respondent in Na.Ka.K1/49198/98 under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act XXXI of 1978 (Herein after referred to as 'the Act').

(3.) THE learned counsel appearing for the petitioners would submit that the impugned notification issued under Section 4(1) of the Act would read that the Government was satisfied with the necessity to acquire the subject lands for the purpose of allotting the same to the Harijan people for constructing houses whereas as per Section 4(1) of the Act, the Collector should be satisfied with the necessity to acquire the lands for the public purpose. THE learned counsel appearing for the petitioners would further submit that no notice under Section 4(3)(b) of the Act was issued before ever the Collector accepted the report of the Tahsildar authorised by him to enquire into the matter. THErefore, he would submit that the impugned proceeding is vitiated.