M NALLATHAMBI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners seek a writ of Certiorari calling for the records relating to the notification of the District Collector of Dharmapuri, the 1st respondent herein under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act 1978 (Tamil Nadu Act 31 of 1978 in Na.Ka.No.103037/97 (KO-8) dated 20.10.1997 and published in the Dharmapuri District Gazette, Extra ordinary dated 25.10.1997 in respect of the land of an extent of 1.21.0 hectare in S.No.21/2B, Narasampatti Village, Uthangarai Taluk, Dharmapuri District.

(2.) The substantial issue that arise for my consideration in the above writ petition is whether the dispute between the petitioners and the fifth respondent herein as to the ownership and possession of an extent of 1.21.0 hectares of land located in Survey No.21/2B, Narasampatti Village, Uthangarai Taluk, Dharmapuri District, would vitiate the acquisition proceedings for the purpose of providing house sites to 52 Adi Dravidars in Narasampatti Village?

(3.) While the petitioners are the sons of one Munusami Chettiar, the fifth respondent claims that she is the second wife of Munusami Chettiar. On the strength of a registered Will vide document No.57 dated 15.7.1992, the land in question was transferred in the name of the fifth respondent and her name was also entered in the revenue records as the owner and possessor of the impugned lands as early as 30.11.1996, which was objected to by the petitioners herein before the revenue authorities.