LAWS(MAD)-2007-12-181

GNANAIAH SAMUEL Vs. STATE OF TAMIL NADU

Decided On December 14, 2007
GNANAIAH SAMUEL Appellant
V/S
STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) HEARD Mr. J. R. K. Bhavanantham, the learned counsel appearing for the petitioner and Mr. D. Srinivasan, the learned Additional Government Pleader appearing for the respondents.

(2.) IT is stated that the petitioner is the owner of Punja lands comprised in Survey No. 11/1, having an extent of 5 acres and 30 cents, and survey No. 13, with an extent of 2 acres and 06 cents, at Palayamchettykulam, Tirunelveli District. The petitioner had obtained a licence for quarrying and crushing stones in the land in question.

(3.) IT is stated that the licence had been issued by the District Collector, Tirunelveli, for using the said land for crushing stones, as they were not fit for use as house sites. However, the third respondent had served form-1 notice, prescribed under Rule 3 (1) of The Tamil Nadu Land Acquisition for Harijan Welfare Scheme Act, 1978. From the said notice, the petitioner came to know that the lands in question were required for the purpose of providing house sites to Adidravidas living in the surrounding villages. The form-1 notice, dated 30. 6. 1998, was received by the petitioner only on 6. 7. 1998, for the hearing fixed on the same date. The petitioner had raised his objections to the acquisition and had also sent a representation requesting for sufficient time to be provided for his appearance.