SEMBA GOUNDER (DIED), Vs. THE DISTRICT COLLECTOR ERODE, PERIYAR DISTRICT AND THE SPECIAL TAHSILDAR (LA) ADI-DRAVIDAR WELFARE, ERODE

JUDGEMENT

(1.) The writ petition has been filed by one Semba Gounder challenging the land acquisition proceedings initiated under Act 31 of 1978. Subsequent to the filing of the writ petition, the first petitioner expired and therefore, the petitioners 2 to 5 have been substituted in the place of the first petitioner in W.M.P.No.7797 and 7798 of 2000 by order dated 31.3.2000. Form I notice under sub -section (2) of Sec. 4 was issued by the District Collector for acquiring the land in R. S.No.88/5, Jambai Village, Bhavani Taluk, Periyar District to an extent of 1.63 acres on 28.12.95. The first petitioner filed his objections on 25.1.96. However, without considering the said objections the Collector passed the notification under Sec. 4(1) to be published in Form II on 9.3.96.

(2.) Mr. M. M. Sundresh, learned counsel for the petitioners challenges the notification published on 9.3.96 on the ground that the Collector has not applied his mind to the report of the Special Tahsildar ( Land Acquisition) as he is bound to do under Sec. 4(3)(b) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 ( Act 31 of 1978). The learned counsel submitted that in the absence of such satisfaction on the part of the District Collector as to the report of the Special Tahsildar (Land Acquisition), the land acquisition proceedings are vitiated. In support of the said submission, the learned counsel relied upon the judgment of a learned single Judge of this Court in "G. RAMAKRISHNA NAIDU (DECEASED) AND TWO OTHERS v/s. THE DISTRICT COLLECTOR, NORTH ARCOT AMBEDKAR DISTRICT, VELLORE, NORTH ARCOT DISTRICT AND ANOTHER (2001 (3) CTC 649)".

(3.) Heard Mr. S. V. Durai Solaimalai, learned Government Advocate appearing for the respondents. The learned Government Advocate produced the files for perusal of this Court.