R MUTHUVEERASAMY DIED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The land in question was sought to be acquired for allotment of house sites to Adi Dravidars under the Central Act by publication of Section 4(1) Notification on 7.1.1995. Thereafter, realising the fact that acquisition for Adi Dravidars ought to have been taken under the State Act, as the purpose for which the acquisition was for allotment of house sites to Adi dravidars, notice under Section 4(2) of The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978(Act 31/1978) (hereinafter called as "The Act") dated 26.10.1995 was issued posting the enquiry on 13.11.1995. Since the petitioner refused to receive the same, further notice dated 16.11.1995 was sent by Registered Post with Acknowledgement Due. This Notice was also refused by the petitioner and hence, the enquiry was conducted by the Special Tahsildar on 24.11.1995 and by conduct of inspection also and proposals were sent to the District Collector for publication of the acquisition proceedings. After the proposals were approved by the District Collector, notice under Section 4(1) was published on 31.1.1996. Thereafter, the petitioner was issued with the notice dated 14.3.1996 for the conduct of award enquiry on 21.3.1996 which was also refused by the petitioner. However, the petitioner appears to have entered appearance through advocate one Mr. Dharmaraj, by filing vakalath on 19.6.1996 but did not appear in the enquiry. Simultaneously the petitioner has filed the Writ Petition questioning the notice dated 10.4.1996 issued under Form III.

(2.) The acquisition proceedings are challenged basically on two grounds viz., (1) that the petitioner being the owner of the land has not been issued with Form I notice under Section 4(2) of the Act and (2) in any case, after the sale of the land by the petitioner to one Alagirisami on 2.12.1994 and the said fact was also brought to the notice of the respondent by way of lawyer's notice dated 12.3.1996, much prior to the award Notice, the said Alagirisami has not been issued with the award notice as he has personally interested.

(3.) I have heard the learned counsel appearing for the petitioner as well as Mrs. M.E. Raniselvam, learned Government Advocate appearing for the respondents.