T S KRISHNAMURTHY Vs. AUTHORISED OFFICER SPECIAL COLLECTOR

JUDGEMENT

(1.) COMMON Order In both these Writ Petitions, the challenge is to the order of the first respondent dated 26-12-1994 in KP 80/94/KBK, determining the amount of compensation payable to the petitioner as specified in Schedule-II of the Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 (Tamil Nadu 40 of 1971) and amended Act 39/90 vested in the Kudiyiruppudars.

(2.) THOUGH initially, the challenge was on the ground that the compensation was not rightly fixed, by W.P.M.P. Nos. 146 and 147 of 2004, the petitioner raised a question of constitutional validity of the provisions contained in Schedule-I of the above said Act.

(3.) THE learned counsel for the petitioner would contend that since the Schedule to the Act empowers the Authorised Officer to determine the compensation based on the survey assessment, and any compensation so determined on that basis would be wholly "illusory", the said Schedule should be held to be unconstitutional violating Article 14 and 300(A) of the Constitution.