S. ARUNACHALAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Writ petitioner in W. P. No. 3703 of 1998 is the appellant in the instant writ appeal. The Writ has been filed for issuance of a writ of certiorari, to call for the records, on the file of the second respondent, in connection with the notices issued under Rule 5 (i) of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Rules, 1979, dated 6/12/1997, and also the notice of award issued in Rc. A. 978/96, dated 10/2/1998, and also Award No. 14/97-98, dated 10/2/1998 and quash the same.

(2.) Appellant/writ petitioner states that he is the owner of the agricultural lands, in Kunnam Taluk and is cultivating on the same. Notice under Rule 5 (i) of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Rules, 1979, was issued and the appellant filed his objections. It is the contention of the appellant that before award is passed, the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (herein after called as the Harijan Welfare Act), mandates that Government must take certain steps which have not been followed. Objection of the appellant given to the notice issued by the Government, under Rule 5 of the Tamil Nadu Acquisition of Rules has not been considered. There is no order rejecting the objection. It is therefore, the contention of the appellant that in the absence of any order rejecting the objection of the appellant, award could not have been passed.

(3.) Government has filed a counter. In the counter it is stated that in 1985, Adi Dravidars of Mavilingai Village of Perambalur Taluk applied for house sites. On verification, it was found that 120 families were living in the space meant for forty house sites because of which the living conditions were bad. Government, in order to provide house sites decided to acquire lands. Since, no Government lands are available, it was proposed to acquire 4. 82 acres of lands.