A VIJAYARANGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) FOR providing house sites to Arunthudhiars of Badakuppam village, certain lands in S. No. 644/1 and 644/2C measuring 0.30.5 hectares and 0.32.5 hectares were sought to be acquired under the Land Acquisition Act, and the proposals therefor, were approved by the Government in G.O.Ms. No. 1477 Adi Dravidar and Tribal Welfare dt. 7-8-89. The Special Tahsildar, Adi Dravidar Welfare, Gudiyatham was authorised to exercise the powers conferred by sub-S. 2 of S. 4 and to perform the functions of a Collector u/S. 5-A of the Act. In this case, it is averred by the petitioner that the Special Tahsildar (Adi Dravidar Welfare, Tirupathur) conducted the enquiry u/S. 5-A of the Act and overruled the objections of the petitioner and this is contrary to the provisions contained under the Land Acquisition Act. Hence the petitioners have filed the present writ petition to quash the declaration made under S. 6 of the Act made in G.O. Ms. No. 1491 Adi Dravidar and Tribal Welfare dt. 4-9-90 and to direct the respondents to acquire the lands belonging to the petitioners in S. Nos. 644-2C measuring 0.29.5 hectare and S. No. 644-1 measuring 0.25.0 hecatre respectively at Badakuppam hamlet of Pethur village, Vaniyambadi Taluk, North Arcot-Ambedkar District.

(2.) NOTICE of motion has been ordered by this court on 21-1-91.