P PALANISAMY GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER seeks to quash the notification No. Na. Ka. 1876/96/a dated 3. 10. 1997 in Form No. 1 issued by the third respondent under section 4 (2) of the Act read with Rule 3 (1) of the Rules of the Tamil Nadu Acquisition of Land for Harijan Welfare Act, 1978, in respect of the lands bearing survey Nos. 235/1 and 235/2 situated at Kalwarpatti Village, Vedasandur Taluk, Dindigul District.

(2.) PETITIONER is the owner of the agricultural land comprised in S. Nos. 235/1 in Kalwarpatti Village, Vedasandur Taluk, Dindigul District, measuring 1. 45. 0 H and it is the ancestral property of the petitioner. Petitioner purchased the adjacent agricultural lands comprised in S. No. 235/2 in the same village measuring an extent of 0. 68. 5 H and as such the petitioner is owning 2. 13. 5 H (about 5. 27 acres) as one unit and the said lands are agricultural lands, which is the main source of income for the sustenance of the family.

(3.) IT is averred in the affidavit that for the benefit of the Harijans, land acquisition proceedings have been initiated in respect of the adjacent lands, which were dropped subsequently. But the petitioner's entire land was sought to be acquired for providing house sites to 14 Harijan families and hence the third respondent issued notice under section 4 (2) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, read with Rule 3 (1) of the Rules framed thereunder on 3. 10. 1997 and informed the petitioner that it is necessary to acquire the said lands for providing house sites to Adi Dravidas and called upon him to submit his objection if any and participate in the enquiry to be held on 21. 10. 1997 at 10. 00 a. m. Petitioner appeared for enquiry, who is an illiterate and it is alleged that the petitioner was forced to sign a prepared statement giving consent for acquisition. Thereafter petitioner challenged the said 4 (2) notice issued under Rule 3 (1) in this writ petition.