R RASAPPA GOUNDER Vs. DISTRICT COLLECTOR DINDIGUL

JUDGEMENT

(1.) THE matter arises out of Tamil Nadu Land Acquisition Act , 31/78. The petitioner owned land in S. No. 247 and 239/1a comprising of 0. 04. 0 hectare and 0. 39. 0 hectare respectively in Irulakudumbanpatty village, Oddanchatram Taluk.

(2.) THE petitioner was issued notice under Form I in terms of Rule 3 (1) by the second respondent, the Special Tahsildar. The purpose of acquisition was for using it as a burial ground for Adi Dravidas in the said village. The petitioner submitted objection through his counsel. The main objection was that he is a small land owner and there is alternative route available to reach the existing burial ground and there is no necessity to acquire the said land. However, the District Collector overruled the said objection and issued notification under Section 4 (1) of the Tamil Nadu Land Acquisition Act 31/78 and subsequently declaration under Section 5 (1) of the Act was made and enquiry was also conducted and an award was passed on 16. 9. 2004. The amount of compensation has also been deposited by the proceedings of the second respondent dated 4. 10. 2004. The necessary changes in the village records have also been made by the Special Deputy Inspector on 6. 10. 2004. At this stage, the above writ petition has been filed by the petitioner and the writ petition was admitted on 12. 10. 2004 and an order of interim injunction was also granted on the same day. Subsequently, it was made absolute on 10. 12. 2004.

(3.) HEARD M/s. Sarvabhauman Associates, learned counsel appearing for the petitioner and Mr. K. Balasubramanian, learned Additional Government Pleader appearing for the respondents and perused the records. The learned Additional government Pleader also circulated the original file for perusal by this Court.