GURUSAMY GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ petitioner, owner of survey No.897/2 Part, measuring 0.28.5 Hectares in Anthiyur Village, Bhavani Taluk, Erode District, has prayed for the issue of a writ of certiorari to call for and quash the notice issued by the 3rd respondent, Special Deputy Tahsildar, Adi Dravidar Welfare, Erode in his office Ref. No.3201/98 A dated 21.1.99 issued in Form No.I.

(2.) The 3rd respondent issued a notice under Section 4 (2) of The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 read with Rule 3 (1) of The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979. The 3rd respondent issued Form I notice in respect of the schedule mentioned lands situate in Anthiyur Village, Bhavani Taluksetting out that the lands are necessary to be acquired for the purpose of providing burial ground and pathway to proposed burial ground to the Samathuvapuram families of Anthiyur Village. On the service of the said notice, the present writ petition has been filed praying for the issue of a writ of certiorari, as according to the petitioner no acquisition of land could be undertaken under The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, for the schemes which are not provided under the Act and the action of the 3rd respondent is without jurisdiction. The requirement of land being for the purpose of burial ground and pathway for Samathuvapuram, the lands cannot be acquired under the Tamil Nadu Act and proposal to acquire lands under The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, is beyond the scope of the Act and such acquisition is without authority of law.

(3.) Heard Mr.R.Shanmugam, learned senior counsel appearing for Mr.S.Ravi, for the petitioner and Mr.S.Gomathinayagam, learned Special Government Pleader appearing for the respondents.