KAMALAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the entire records relating to the proceedings in Notification in K.10/7421/2001 issued under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) published in the Vellore District Gazette (Extraordinary) dated 30.7.20001 on the file of the first respondent and the consequential Form III notice in RCA.859/2001 dated 20.9.2001 on the file of the second respondent, quash the same and allow this writ petition with cost. Heard the arguments of Mr. Sivakumar, learned counsel for the petitioner and Mrs.Sneha, learned Government Advocate and perused the records. The learned Government Advocate also circulated the original records relating to the acquisition in question.

(2.) IN this writ petition, the challenge is to the notification issued under Section 4(1) of the Tamil Nadu Act 31 of 1978 dated 26.7.2001 and also published in the Vellore District Gazette dated 30.7.2001. The ground taken by the three petitioners was that they were living in Chittoor, though they were owning land in the Serkkadu village, Gudiyatham Taluk. They were not given notice as required under Section 4(2) before the acquisition was started.

(3.) UNDER these circumstances, the writ petition stands allowed and the notification under Section 4(1) published in Form II in the Vellore District Gazette dated 30.7.2001 will stand set aside, insofar as the petitioners are concerned The respondents are at liberty to proceed in accordance with law. No costs.