V ARUNACHALAM Vs. DISTRICT COLLECTOR THANJAVUR

JUDGEMENT

(1.) WRIT Petition is filed" praying to issue a WRIT of Certiorari, calling for the records of the respondents comprised in the impugned Notification issued by the first respondent under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Act 31 of 1978) in Na.Ka.No.10530/2002/M1, dated 18.2.2002 and published in the Thanjavur District Gazette dated 19.2.2002 and quash the same insofar as it relates to the petitioners' lands in S.F.No.128/3A2, (0.02.0 Hec.), 128/3B2 (0.02.0 Hec.) and 129/8B (0.02.5 Hec.) of Mannangadu Village, Pattukkottai Taluk, Thanjavur District.

(2.) AT the time of admission, interim stay was granted on 13.6.2002. The interim stay was made absolute by order dated 5.9.2003."""""""3." The writ petition challenges the Section 4(1) Notification dated 18.2.2002."" The important points raised by the learned counsel for the petitioners are:- (i) A show-cause notice in Form-I in terms of Rule 3 of the Tamil Nadu" Acquisition of Land for Harijan Welfare Schemes Rules, 1979 was issued on the owners of the land, namely, the petitioners and they had given" objections to the Tahsildar, who conducted the enquiry and after recording the objections"" the report of the Tahsildar was forwarded to the District Collector, the competent authority." The report forwarded by the Tahsildar has not been furnished to the petitioners.(ii) The District Collector who is competent authority to pass orders in terms of Section 4(3)(b) of the Tamil Nadu Acquisition of Land For Harijan Welfare Schemes Act, 1978 has failed to consider the objection of the land owners/petitioners and in any event after" passing the order, the said proceedings of the Collector rejecting the petitioners' objection has not been communicated to the petitioners.4.