T JAYANANDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appeal filed against the order of the learned single Judge dated 28.02.2005 made in writ petition No.1940 of 1998 wherein the relief sought for by the appellant for issuance of writ of mandamus forbearing the respondents from proceeding further in pursuance of the notice of the third respondent, the Special Tahsildar, Adi Dravidar Welfare Department, Ramanathapuram in Na. Ka. No.A/256/95 dated 07.01.1997 and in furtherance of Government Gazette notification of Ramanathapuram district in Gazette No.8 page 3, dated 17.07.1996 without issuing proper notice and enquiry as contemplated under the Tamil Nadu Act 31 of 1978, has been rejected.

(2.) BEFORE the learned single Judge two contentions have been raised on behalf of the appellant to sustain the relief of mandamus and against the proceedings initiated by the respondent to acquire the petitioner's land under the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978 ('the Act' for short),. The first contention was that the objections raised by the appellant to the notice issued under section 4(2) of the Act was not properly considered by the respondents and the other contention was that when the poromboke lands are available very adjacent to the land of the appellant, the authorities should have preferred the poromboke land instead of acquiring the land of the appellant.

(3.) THE learned Judge also took note of the fact that the writ petitioner had not chosen to challenge the notification under section 4(1) till date and without challenging the said notification which was issued as early as 17.07.1996, it might not be proper for the Court to grant the relief as prayed for, as the same would otherwise nullify the proceedings dated 17.07.1996, which had become final. That order of the learned single Judge is put in issue in this appeal by contending that the provisions of section 4(2) have not been followed which is mandatory in nature.