GOPINATH ALAIS MUTHUKUMARASWAMY THIAGARAJAN Vs. DISTRICT COLLECTOR, MADURAI DISTRICT AND SPECIAL TAHSILDAR (LAND ACQUISITION ADI-DRAVIDAR WELFARE CIRCLE-I)

JUDGEMENT

(1.) The Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 and 227 of the Constitution of India, praying for issuance of a writ, in the nature of certiorari, to quash the notification in Na.Ka.Adi.4/57749/05, dated 26.09.2005, published in Madurai District Gazette, dated 27.09.2005, under Section 4(1) of the Tamil Nadu Acquisitions of land for Harijan Welfare Schemes Act 31 of 1978.

(2.) The Petitioner is the owner of the land falling in Survey No. 97 to the extent of 0.12.5 Hectares at Pettai Village, Vadipatti Taluk, Madurai. It is pleaded that the land though described as punja lands in the revenue records, but it is provided with irrigation facilities wherein the ancestors, the sister of the Petitioner, and the Petitioner have planted coconut trees. The Petitioner was issued a notice by the 2nd Respondent, dated 22.08.2005, which was received by the Petitioner on 01.09.2005 calling him to show cause as to why the land falling in survey No. 97, Pettai Village, Vadipatti Taluk, Madurai District, covering an extent of 0.12.5 Hectares need not be acquired for construction of Sholavandan Adi Dravida Welfare Ladies Students Hostel. Liberty was given to the Petitioner to file objection by 6.09.2005. The Petitioner filed the objection on the date fixed and challenged the classification of land. The objections filed by the Petitioner were not accepted, and by way of notification, issued under Section 4(1) of the Act, the land was acquired.

(3.) The case of the Petitioner is that without considering the objections filed by the Petitioner and Ors. on the basis of the report submitted by the 2nd Respondent, notification under Section 4(1) of the Tamil Nadu Acquisitions of Land Harijan Welfare Schemes Act 31 of 1978 was issued.