B SAROJA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner filed the above writ petition praying to issue a writ of Certiorari to call for the records of the first respondent relating to the notice for acquiring the land bearing S.No.220/7, measuring to an extent of 0.76.5 hectares, Soorakundu villge, Melur Taluk, Madurai District, published in the Madurai Distric Gazette No.I, dated 08.12.1997 under Section 4(1) of the Tamil Nadu Land Acquisition of land for Harijan Welfare Scheme Act, 1978 in so far as it reltes to the petitoner's land and quash the same.

(2.) The case of the petitioner is that she is the owner of the land bearing S.No.220/7, measuring to an extent of 0.76.5 hectares, Soorakundu villge, Melur Taluk, Madurai District. The land is originaly belonged to the family of late A.S.M.Kamatchi Chettiar. In the partition entered into between the said Kamatchi Chettiar and his three sons, the said landed property was allotted to the share of one K.Mariappan, the brother of the petitioner's husband. On 30.03.1995, the said K.Mariappan sold the property in question to the petitioner herein and the petitioner is in possession and enjoyment of the same as absolute owner. While so, the first respondent issued notice under Section 4(2) of the Land Acquisition Act to acquire her land under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act (Act 31 of 1978). But before acquiring the lands, notice under Section 4(1) of the Act has to be issued and the same has not been served by the respondents to the petitioner. Therefore, the entire proceedings is vitiated. Further the petitioner was residing along with her husband outside the village. No notice was served as required under the rules. Therefore, the writ petition is filed to quash the said proceedings.

(3.) Counter has been filed by the second respondent denying all the allegations made in the petition, but it is specifically stated as follows: