GUNASEKARAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS writ appeal has been filed against the impugned judgment of the learned single Judge dated 6. 8. 1999. Heard the learned counsel for the parties and perused the records.

(2.) THE case relates to a proceeding under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (hereinafter referred to as 'the Act' ). It appears that the original land owner was one Ramasamy Gounder, who died in Singapore ten years before the land acquisition proceedings began. There is nothing to show that a show cause notice was served under section 4 (2) of the Act by the District Collector on the heirs of Ramasamy Gounder. Section 4 (2) of the Act reads as follows:-

(3.) A perusal of section 4 (2) shows that it is mandatory on the District Collector or any officer authorised by him to serve a show cause notice on the land owner or any other person who is interested in the land. There is nothing from the records of the case to show that a notice was served by the District Collector in accordance with section 4 (2) of the Act. All that has been said in paragraph 5 of the counter affidavit is that the land owner or person interested did not inform the authorities as to who is the land owner.