D. SUBRAMANIAN Vs. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY & COMMISSIONER TO GOVERNMENT, ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT, FORT ST. GEORGE, MADRAS,

JUDGEMENT

(1.) The petitioners have filed this writ petition for a Writ of certiorarified mandamus calling for the records of the respondents in connection with the acquisition of their agricultural lands measuring 0.90.5 hectares in Survey No.1697/2A, Gangaikondan Village, Tirunelveli Taluk and to quash the order of the 2nd respondent passed under Sec. 4 (1) of the Tamil Nadu Acquisition of Lands for Harijan Welfare Schemes Act 1978 published in Tirunelveli District Gazette No.20 dated 19 -10 -1995 and consequently to direct the respondents to forbear from proceeding with the acquisition of their lands.

(2.) It is the case of the petitioners that originally Mrs. Chellammal, wife of the first petitioner and mother of petitioners 2 and 4 was assigned the lands to an extent of five acres in Survey No. 1697 part in Gangaikondan Village, Tirunelveli Taluk. The assignment was made under Rule 5 (vi) of the Tamil Nadu Land Reforms (disposal of surplus lands) Rules 1965. The assignment was made by the order of the authorised officer (land reforms) Tirunelveli dated 07 -09 -1974. The deed of assignment in Form F has been duly executed. The total consideration was required to be paid in 20 yearly instalments commencing from 1974 and all instalments have been paid. Thereafter, the extent of five acres has been sub -divided as 1697/2. The said Chellammal passed away on 07 -11 -1984 and after her death, the petitioners/legal representatives have been in possession and enjoyment of the same.

(3.) The 3rd respondent has issued a notice dated 26 -02 -1996 in Form III as per Rule 5 (i) of the Act for Harinaj Welfare Scheme Rules 1979. The said notice was issued in the name of Mrs. Chellammal, who passed away as early as on 07 -11 -1984. There was no communication or notice issued to the petitioners regarding the proposed acquisition of their lands prior to the said notice dated 26 -02 -1996. After the said notice only, the petitioners have come to know that an extent of 0.90.5 hectares (2 Acres and 24 cents) of land was assigned to Mrs. Chellammal, sub -divided as Survey No. 1696 part which was proposed to be acquired under the Act.