RAJANGAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner prays for issuance of Writ in the nature of Certiorari to quash the Notification issued vide Na.Ka. No. 53711/2007/K6 dated 29.11.2007 under Sec. 4(1) of Tamil Nadu Harijan Welfare Land Acquisition Act (Act 31 of 78). The petitioner is a cultivating tenant of agricultural land in S. No. 227/2A1 in 17, Mammakudi village, Tharangambadi taluk. The land is under the ownership of Arulmigu Datchinapureeswara Swamy Koil. The petitioner, being a statutory tenant is protected from eviction under the Tamil Nadu Cultivating Tenants Protection Act read with the provisions of Tamil Nadu Public Trust Act.

(2.) It is pleaded that the beneficiaries under the land acquisition i.e., Harijans had encroached the very land on May 2007 and for this act Porayar police registered a criminal case vide Cr. No. 200/2007 on the petitioner's complaint against one Simpson and 55 others.

(3.) Due to the law and order problem, the Revenue Divisional Officer, Mayiladuthurai convened a Peace Committee meeting on 18.5.2007 in which it was decided that an alternative site for providing house site to Adi Dravida Community people is to be selected and after such selection the encroachment by the beneficiaries be removed by following due process of law.