A. RAVI Vs. THE DISTRICT COLLECTOR AND ORS.

JUDGEMENT

(1.) THIS Writ Petition has been filed by the petitioner to quash the impugned Notification issued by the fifth respondent in Na.Ka.No. 32597/02/D2, dated 28.05.2004, which was published in Tamil Daily on 04.06.2004, by the third respondent and also subsequent Notification issued by the fifth respondent, in Na.Ka.No.D2/32597/2002, dated 10.09.2004, which was published in Tamil Daily on 18.09.2004 and consequently, direct the respondents to return back the balance vacant area in Re -Survey No. 213/1 and Re -Survey No. 233/2 of Viraloor Village to the petitioner.

(2.) THE petitioner is the owner of agricultural land in Re -Survey No. 213/1 measuring an extent of 0.04 ares and also in Re -Survey No. 233/2D, measuring an extent of 0.38.0 ares. He became the owner as per Partition Deed, dated 12.07.1995. The Patta was issued in favour of the petitioner in Patta No.D -2003/399, dated 18.12.2003.

(3.) THE third respondent published Notification under Section 3 - A of the Act and publication under Section 3 -A(3) in the name of Thangamani, W/o.Arumugam Chettiar. Notice under Section 3 -C of the Act was not served on the petitioner. On coming to know about these proceedings, the petitioner sent a legal notice dated 19.12.2003 to the second respondent through his counsel. The petitioner has also sent reminders to the respondents. On 04.06.2004, the third respondent issued a correction notice stating that the Government intend to acquire 3347 sq.mts. of land, which is equivalent to 0.33.5 Hectares in R.S. No. 213/1 of Viraloor Village, modifying the earlier Notification issued under Section 3 -A(1) of the Act regarding the acquisition of 15 sq.mts. of land in the said survey number. Subsequently, the third respondent published a Notification of Declaration under Sections 3 -D and 3 -G(3) of the Act on 10.09.2004, with respect to R.S. No.233/2, Viraloor Village, in the name of Thangamani, W/o.Arumugam Chettiar, to appear for enquiry.