P ARUNACHALAKANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed for the issuance of a writ of Certiorarified Mandamus, to call for the records relating to Form I issued in Na. Ka. 2555/97a dated 09. 10. 1997 by the Special Tahsildar, Adi Dravidar Welfare (Land Acquisition), Periyakulam the third respondent herein quash the same and consequently forbear the respondents herein from in any manner proceeding further with the acquisition of the petitioner's lands covered in S. Nos. 342/1, 342/2, 342/3, 342/4, 342/5, 341/2a1b, 341/2a1c of Thenkarai Village, Periakulam Taluk.

(2.) THE point for consideration in this writ petition is that whether the property has been acquired for the Housing Scheme for the Harijan Welfare.

(3.) ACCORDING to Section 4 (1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act 1978, "where a District Collector is satisfied that for the purpose of any Harijan Welfare Scheme, it is necessary to acquire any land, he may acquire the land by publishing in the District Gazette a notice to the effect that he has decided to acquire the land in pursuance of this section. " subsection 2 of Section 4 provides, " Before publishing a notice under sub-section (1), the District Collector or any officer authorised by the District Collector in this behalf, shall call upon the owner or any other person, who, in the opinion of the District Collector or the Officer so authorised may be interested in such lands, to show cause why it should not be acquired. "