MARAGADAMMAL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE Writ Petition is filed for a certiorari calling for the records from the second respondent in his proceedings No. Na. Ka. 60/99 described as 60/89 dated 11. 2. 1999 published in the Dindigul District Gazette Extraordinary No. 4 dated 16. 2. 1999 and quash the same.

(2.) IT is stated in the affidavit filed in support of the petition that the petitioners are owners of certain extent of land in Muthalapuram, Sevagampatti village, Nilakottai Taluk. First petitioner is the mother and the other petitioners are sons and daughters. Coming to know about the proposed acquisition by the authorities concerned, the first petitioner addressed a letter dated 17. 9. 1998 to the following authorities: 1) Village Administrative Officer, Sevagampatti, 2) District Collector, Dindigul, 3) Revenue Divisional Officer, Dindigul, 4) Tahsildar, Nilakottai, 5) Special Tahsildar, Aadi Dravida Welfare, Nilakottai and 6) Revenue Inspector, Nilakottai. All the six communications were duly acknowledged by the authorities and copies of such acknowledgments are annexed in the documents set filed along with writ petition. Having moved over to the new residence at 57, Sattampillai Street, Dindigul, petitioners were under the impression that as and when acquisition proceedings are taken, they will be duly intimated. However, to their surprise, they received notice dated 1. 3. 1999 in form stating that the enquiry for compensation will be held on 17. 3. 1999 in respect of their land and to submit their objections. From this notice, petitioners came to understand that Notification under Section 4 (1) of the Land Acquisition Act, had been issued on 11. 2. 1999 and published in the Dindigul District Gazette on 16. 2. 1999. Aggrieved by such proceedings, the present writ petition has been filed.

(3.) THOUGH several grounds have been raised in the writ petition, in view of the above stated factual aspects, the writ petition itself can be disposed of on this issue which is very glaring and apparent and has occasioned the miscarriage of justice.