K G MANOHARI Vs. DISTRICT COLLECTOR, DHARMAPURI DISTRICT

JUDGEMENT

(1.) This Writ Petition is filed seeking for issuance of a Writ of Mandamus to direct the respondent to make reference under Section 18 of the Land Acquisition Act, 1894 to the competent Civil Court with respect to the acquisition of the lands measuring 1.78.5 hectares situated in Survey No.119/1, Olaipatti Village, Uthankarai Taluk, Dharmapuri District belonging to the first petitioner's husband Late J.Nandagopal, within the time that may be fixed by this Court.

(2.) According to the petitioners, dry lands measuring an extent of 1.78.5 hectares situated in Survey No.119/1, Olaipatti Village, Uthankarai Taluk, Dharmapuri District belonged to the first petitioner's husband, J.Nandagopal. Petitioners 2 to 4 are the children of the said J.Nandagopal and the first petitioner. The said lands along with other lands were acquired for the purpose of setting up of an Industrial Complex by Tamil Nadu Corporation for Industrial Infrastructure Development Limited, Madras and a Notification under Section 4(1) of the Land Acquisition Act was published in the Tamil Nadu Government Gazette, dated 18.10.1995. The first petitioner's husband submitted his objections to the Notice issued to him under Rule 3 of the Rules framed under Section 55(1) of the Land Acquisition Act. It is further stated that subsequently, a declaration under Section 6 of the said Act was issued and Award was also passed under Section 12 of the said Act, without notice to the husband of the first petitioner.

(3.) It is further averred by the petitioners that the first petitioner's husband received the notice dated 04.01.1999 issued under Section 12(2) of the said Act on 18.01.1999 informing that compensation of a sum of Rs.99,428/- fixed for the acquisition of the said lands. Since the compensation amount fixed under Section 12 of the Act is very low, the first petitioner's husband sent a representation dated 14.02.1999 to the Special Tahsildar (Land Acquisition), T.A.C.I.D., Pachampalli, requesting him to refer the matter to Civil Court under Section 18 of the said Act for enhancement of compensation, besides sending a copy of the same to the District Collector, Dharmapuri, the respondent herein. The said representation sent by Registered Post with Acknowledgement Due returned with an endorsement that the Office of the Special Tahsildar (Land Acquisition), T.A.C.I.D., Pachampalli, has been closed. However, the copy sent to the District Collector, Dharmapuri was duly acknowledged on 16.02.1999.