MARAPPAN MARIAMMAL Vs. COLLECTOR DHARMAPURI DISTRICT

JUDGEMENT

(1.) The petitioner in W.P.No.13682 of 1997 is the owner of the land of an extent of 0.61 hectares in S.No.506/2 and 512 in Agasipalli Village, Krishnagiri Taluk, Dharmapuri District.

(2.) Admittedly, after an inspection of the said properties by the second respondent on 02.12.1996, a notice in Form I under Section 4(2) of the Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act 1978( in brevity Act) was issued on 26.12.1996, proposing to acquire the land for the purpose of providing house plots to the Adi Dravidars in the village. In the said notice, the name of the petitioner in W.P.No.13682 of 1997 alone was shown as the owner of the land. Concededly, the petitioner in W.P.No.13682 of 1997 sold the land of an extent of 1 acre in S.Nos.506/2 and 512 in Agasipalli Village, Krishnagiri Taluk, Dharmapuri District to the petitioner in W.P.No.14096 of 1997 by a registered sale deed executed on 16.12.1996. The petitioner in W.P.No.13682 of 1997 therefore submitted his objection dated 12.01.1997 to the second respondent herein explaining that he had already sold the property to the petitioner in W.P.No.14096 of 1997 and requested him to give notice to the petitioner in W.P.No.14096 of 1997 also before proceeding further in the matter.

(3.) However, the second respondent, without giving any notice to the petitioner in W.P.No.14096 of 1997 issued the Notification under Section 4(1) of the Land Acquisition Act dated 25.02.1997. Hence, these two writ petitions.