LAWS(MAD)-2017-1-72

BALAKRISHNAN Vs. THE DISTRICT COLLECTOR PERAMBALUR DISTRICT

Decided On January 05, 2017
BALAKRISHNAN Appellant
V/S
The District Collector Perambalur District Respondents

JUDGEMENT

(1.) These writ petitions have been filed to call for the records of the first respondent published in Perambalur District Gazette Special No.5 Page 2 dated 06.03.2000 and to quash the same insofar as the petitioner's land measuring (1) 13 cents in S.No.93/8A and 18 cents in S.No.93/9; (2) 17 cents in S.No.93/10; 45 cents in S.No.93/12; 27 cents in S.No.93/14 and the joint patta in S.No.93/13-A; and (3) 22.5 cents in S.No.93/7 and 5 cents in S.No.93/8-B of Vanathirayanpattinam Village, Udayarpalayam Taluk, Perambalur District and also directing the respondents to drop the proposed acquisition of the said lands for the purpose of distributing the same as house site pattas to Adi Dravidas of Vanathirayanpattinam Village, Perambalur District.

(2.) Heard the learned counsel appearing for the petitioners and the learned Special Government Pleader (Writ) appearing for the respondents.

(3.) These three writ petitions arise under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (for brevity "the Act") for providing lands for Adi Dravidar people. The Special Tahsildar initiated action under Sec. 4(2) of the Act and issued notice dated 07.10.1999 to the petitioners, who are the land owners, in Form No.1 under Rule 3(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, calling upon them to attend the enquiry on 28.10.1999 at 10.00 a.m. and give their objections, if any. Pursuant to the notice, all the three petitioners appeared before the Special Tahsildar and submitted their written objections dated 28.11.1999. The Special Tahsildar rejected their objections and sent a report dated 23.12.1999 to the District Collector for further proceedings. The District Collector has issued the impugned notification dated 06.03.2000 under Sec. 4(1) of the Act acquiring lands of the petitioners, challenging which, the petitioners are before this Court.