V VEERARAGHAVAN Vs. DISTRICT COLLECTOR COIMBATORE

JUDGEMENT

(1.) AGGRIEVED by the order of the learned single Judge, dated 07. 02. 2002, made in W. P. No. 14189 of 1996, the writ petitioner has preferred the above Appeal.

(2.) ACCORDING to the appellant/writ petitioner, he is the owner of an extent of 15. 60 acres of land in S. No. 788 of Karamadai village, Mettupalayam Taluk, Coimbatore District. The said lands originally belonged to his father Veerasamy Chettiar. On his death, those lands along with other lands remained unpartitioned between himself and his brother Subramanian. By Judgment and decree in O. S. No. 865 of 1997 on the file of the Subordinate Court, Coimbatore, dated 31. 10. 1988, he was declared as the owner of the property. He was in possession of the lands sought to be acquired even before the suit was filed and continued to be in possession. The first respondent sought to acquire the above mentioned lands for the purpose of providing house sites to Adi Dravidars. He issued notice under Section 4 (1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978. The notification was published in the District Gazette on 04. 11. 1995. In the said notification, it is wrongly stated that the lands in S. No. 788/2 belong to Mettupalayam Gobald Motor Private Limited. No notice under Section 4 (2) of the Act was issued. The respondent straight away proceeded to pass an award on 26. 2. 1996 and fixed the compensation without any notice. Hence, he filed Writ Petition before this Court.

(3.) THE District Collector, Coimbatore/first respondent filed a counter affidavit, disputing the various averments made by the petitioner. According to him, as per Revenue Records, the lands in S. F. No. 78 8/2 measuring an extent of 3. 24. 0 Hectares, i. e. , 8 acres, stands in the name of M/s. Gobald Motor Service (P) Ltd. , accordingly, notices in respect of Section 4 (1) Notification and 5-A enquiry were issued to the land owner. There is no procedural flaw involved in the proceedings. He further stated that, after complying with all the mandatory requirements, award was passed on 26. 2. 1996. House site pattas were issued to 287 Adi Dravidars on 19. 3. 1996. Pointing out the above details, he prayed for dismissal of the Writ Petition.