V GANESAN, M D; SUBBANNA GOUNDER; MUTHUSAMY GOUNDER AND SAMIAPPA GOUNDER; V RAMADAS REDDY, VELLORE; AJJAPPA AND MALLAPPA; RAJ H EASWARAN, REP BY POWER AGENT, HARI EASWARAN; SOWMYA, REP BY POWER AGENT, HARI EASWARAN; P C KUPPUSAMY CHETTIAR Vs. COLLECTOR OF NILGIRIS

JUDGEMENT

(1.) All the above writ petitions have been filed by different parties against the respective District Collectors and the Special Tahsildar Adi Dravidar Welfare concerned with the State praying to issue writs of certiorari calling for the Notifications effected in each of the above cases under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978, and to quash the same.

(2.) Though the facts pertaining to the lands sought to be acquired concerning each and every writ petition are located in different districts, varying from case to case in extent, the question raised in all the above writ petitions is one and the same to the effect that 'in order to cause publication of Notification under Section 4(1) of the Tamil Nadu Acquisition of land for Harijan Welfare Scheme Act, 1978 (Act 31/1978) (hereinafter referred to as the 'Act'), whether issuance of show-cause notice under Section 4(2) of the Act is mandatory and the District Collector while issuing the said show-cause notice to the owners or other persons interested, is further required to follow the conditions stipulated under Section 4(3) of the Act.'

(3.) It is Rule 3 of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Rules 1979 (hereinafter called as 'Rules') which prescribes the procedure for acquiring the lands whereunder the show cause notice is to be issued in Form I and the notice to be published in District Gazette in Form II.