RATHINAM Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) AGGRIEVED by the order of the learned single Judge dated 13. 10. 2003 made in W. P. No. 6164 of 1997, the writ petitioner, by name, Rathinam has preferred the above writ appeal.

(2.) HEARD the learned counsel for the appellant as well as the learned Government Advocate for the respondents.

(3.) IT is seen that on a representation by the houseless Adi Draviders of A. Kalapoor Village in Thiruppathur Taluk, an extent of 0. 10. 0 Htrs. of dry land in Survey No. 158/9 with other lands in Survey Nos. 154 and 158 of the same village were selected for provision of house sites for the welfare of the Adi Dravidars. Acquisition of the above said land was initiated initially under the Land Acquisition Act, 1894 (Central Act 1 of 1894) and thereafter, under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978 in short, "the Act" ). Pursuant to the notice under Section 4 (2) of the Act, the petitioner submitted his objection. It is the claim of the petitioner that his objection was forwarded to the District Collector along with remarks of the Special Tahsildar (ADW ). However, the District Collector without applying his mind and without affording opportunity to the petitioner, mechanically passed an order accepting the proposal. The learned Judge, based on the information in the counter affidavit, after finding that all legal formalities have been strictly observed, dismissed the writ petition; hence, the present writ appeal.