K C PONNUSAMY Vs. SECRETARY THE GOVERNMENT OF TAMIL NADU ADIDRAVIDAR WELFARE DEPARTMENT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) HEARD Mr.C.R.Dasaradhan, the learned counsel appearing for the petitioner and Mr.V.Manoharan, the learned Government Advocate appearing for the respondents.

(2.) IT is stated by the petitioner that he is the owner of 0.01.5 Hectares of land in Survey No.269/2, 0.11.5 Hectares in S.No.270/18, 0.08.5 Hectares in S.No.282/A, situate at Ganganallur Village, Vellore Taluk, Vellore District. The petitioner is residing in one portion of the lands and in the remaining area there are standing coconut trees. The yield from the coconut trees and the groundnut crops cultivated in the lands are the only source of income for his family consisting of nine members. While so, on the instigation of Chinnaraju and Chinnakolanthai of Ganganallur, who were interested in purchasing the lands, the third respondent had initiated land acquisition proceedings stating that it was being done to provide free hostel accommodation to Adidravidar School Students of Anaicut block. The third respondent had issued notice, dated 2.11.1998, under the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, (Tamil Nadu Act 31 of 1978) calling for objections, if any. After the petitioner had submitted his objections, the third respondent had conducted an enquiry, dated 14.12.1998. During the course of the enquiry the petitioner had stated that the acquisition proceedings were motivated and that the lands in question are under the personal occupation of the petitioner and his family and that they are residing in it.

(3.) IT has been further stated that the petitioner had submitted his objections, on 27.3.99, with the request not to acquire the land in question. Notice in Form No.2(2) was also issued to the petitioner in Rc.A.2427/98, dated 9.4.1999. Though the petitioner had received the notice he had not turned up to receive the amount to be paid as compensation.