MARIAPPA GOUNDER Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner seeks for a writ of certiorari to call for the records relating to the proceedings dated 10-1-1997 initiated under the State Act, viz., Tamil Nadu Act 31 of 1978 for provision of house sites for the Adi Dravidas.

(2.) According to the petitioner, his father Chenniappa Gounder was the owner of an extent of 1.85.0 hectare in Survey No.104/3 Alankurichi Majra, Vedasanthur Village, Pollachi Taluk, Coimbatore District. His father died on 23-12-1992 leaving behind the petitioner and three others. 2. A notice in Form-1 under Rule 3(i) of the Tamil Nadu Land Acquisition for Harijan Welfare Scheme and Rules was received by the petitioner and the notice was addressed in the name of Chenniappa Gounder. Immediately, an objection dated 19-1-1997 was sent to the respondents for bringing to the notice of the respondents that his father was dead. He has also furnished the details of the legal heirs of his father, enclosing a copy of the legal heir certificate. Even though the said objection was received, according to the petitioner, without application of mind, the respondents have sent a further notice under Form-3 for an award enquiry to be conducted on 11-3-1997. In that notice also, the name of the legal heirs have not been mentioned. The petitioner contends that even though his father died on 23-12-1992 and the same having been brought to the notice of the first respondent, the subsequent notice for award enquiry was not sent in the name of the legal heirs. Hence, the above writ petition.

(3.) In the counter affidavit filed by the respondents, it is stated that as per the revenue records, the land stands in the name of Chenniappa Gounder and the legal heirs have not sought for any transfer of patta in their names. The same was admitted by the statement of the petitioner on 29-1-1997 at the enquiry contemplated under Section 4(2) of the Act.