LAWS(MAD)-2011-8-76

R HARIKRISHNAN Vs. COLLECTOR OFFICE OF THE COLLECTOR

Decided On August 04, 2011
R.HARIKRISHNAN Appellant
V/S
COLLECTOR, OFFICE OF THE COLLECTOR Respondents

JUDGEMENT

(1.) THE petitioner has come forward to file the writ petition, challenging the notification issued by the District Collector in the Tiruvannamalai District Government Gazette dated 06.03.2009 made under Section 4(1) of the Tamil Nadu Acquisition of Lands for Harijan Welfare Schemes Act, 1978 (for short Act 31 of 1978) in respect of the acquisition of the lands of the petitioner to the extent of Acre 1.00 cents (hectare 0.40.5) in Survey No.256/10B4 situated in Sevoor Village, Arani Taluk as well as the subsequent proceedings and to forbear the respondents from any manner interfering with the peaceful possession and enjoyment of the property by the petitioner.

(2.) THE writ petition was admitted on 15.05.2009. Pending the writ petition, this Court granted an interim stay of dispossession of the land. Since the respondents did not file any counter, this Court directed the original file to be produced for perusal by this Court. Accordingly, the learned Government Advocate produced the original file for perusal by this Court and it was also perused.

(3.) THE contention raised by the petitioner was that his objections were not considered. Instead of the District Collector satisfying himself, the Gazette Notification shows the satisfaction was that of the Government and therefore, on that short ground, the acquisition must fail.