S RADHAKRISHNAN Vs. DISTRICT COLLECTOR THANJAVUR

JUDGEMENT

(1.) THE above Writ Appeal has been filed against the order of the learned single Judge dated 18. 07. 2000 made in W. P. No. 1430 of 1998.

(2.) FOR convenience, we shall refer the parties as arrayed in the Writ Petition.

(3.) ACCORDING to the petitioners they own lands in S. Nos. 111/1a and 110-2a in Thepperumai Nallur Village, Thirvidaimaruthur Taluk, Thanjavur District. The 2nd respondent/special Tahsildar for Land Acquisition (Adi-Dravidar Welfare) Department, Kumbakonam, issued Form-I notice under Rule 3 (1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979. The said notice was issued to all the petitioners and, on receipt of the same, they gave representation to the second respondent on 23. 07. 1997, 07. 8. 1997 and 14. 08. 1997. Enquiry was conducted on 14. 08. 1997 and report was sent to the District Collector, Thanjavur, the first respondent herein. Subsequently, the first respondent issued proceedings dated 24. 12. 1997, directing acquisition of agricultural lands of the petitioners under the Tamil Nadu Acquisition of lands for Harijan Welfare Schemes Act, 1978. In the Writ Petition, the petitioners mainly contended that though they were given opportunity to put forth their representation, the District Collector, who is the authority under the Act, has not given opportunity by supplying copy of the report of the Special Tahsildar and did not conduct the enquiry before ordering publication of notification in the District Gazette in Form-II.