NALLAPPA GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The above Writ Petition has been filed praying to issue a Writ of Certiorari calling for the records of the first respondent culminated in his proceeding under 4(1) Notification passed in G.O.Ms.No.25 Housing and Urban Development Department, dated 17.1.1997 and the Section 6 Declaration passed in G.O.Ms.No.34 Housing and Urban Development Department dated 4.3.1998 in so far as the petitioner's land situated in Survey No.726/3 with an extent of 3.38 Hectares in Kasipalayam village, Erode Division, Erode District and quash the same.

(2.) In the affidavit filed in support of the above writ petition, the petitioner would submit that he is the owner of the property situated in S.No.726/3 with an extent of 3.38 hectares in Kasipalayam village of Erode District, being his ancestral property and he also constructed a house in a portion part of the said land and also cultivating the remaining extent by digging a bore-well; that the land consists of coconut trees, papaya trees, guava trees and while so, the first respondent issued a notification under Section 4(1) of the Land Acquisition Act in G.O.Ms.No.25 Housing and Urban Development Department, dated 17.1.1997 for acquiring the lands of the petitioner along with certain other lands in the locality for the purpose of constructing houses by the Housing Board; that the second respondent called for an enquiry in and by his letter dated 5.3.1997 and he attended the enquiry and gave his detailed objection thereby stating that he had no other property except the land sought to be acquired and further requesting to exclude his land from the acquisition proceedings; that along with the objection petition, a letter from the Housing Society and a sketch showing that the release of his land would not affect the acquisition proceedings were also enclosed; that even the Housing Board had opined that his request can be considered after the completion of the scheme; that thereafter he sent another letter dated 29.4.1997 to the respondents, pursuant to which the Housing Board, by its letter dated 3.7.1997, directed him to produce a certificate to the effect that he is solely depending on the land and accordingly the Revenue Tahsildar had also issued a certificate dated 6.10.1997, which was communicated to the housing Board along with letter dated 25.10.1997, but, however, the same had not been considered favourably by the Housing Board.

(3.) The petitioner would further submit that the second respondent had conducted further enquiry pursuant to his notice dated 29.12.1997, for which a detailed reply was given by the petitioner on 21.1.1998, but the second respondent had passed the order under Section 5-A of the Act rejecting the objections of the petitioner and the first respondent also without applying his mind, accepted the recommendations of the second respondent and passed the declaration under Section 6 of the Act in G.O.Ms.No.34 Housing and Urban Development Department, dated 4.3.1998. Therefore, the petitioner has come forward to file the above writ petition seeking the reliefs extracted supra.