K CHENGALVARAYAN Vs. DISTRICT COLLECTOR TRIVELLORE

JUDGEMENT

(1.) THIS writ petition is directed against the proceedings of the second respondent, the Special Tahsildar (Adi Dravida Welfare), Tiruvellore District, dated 12.03.1999 under which the second respondent after conducting award enquiry in respect of the land belonging to the petitioners in Survey No.705/2, Ellappanaidupet Village, Kunnavalam Post, Trivelore Taluk, Ramanjeri, measuring 0.68 Hectares were acquired for the Harijan Welfare Scheme under Tamil Nadu Acquisition of Land for Harijan Schemes Welfare Act, 1978. Notice under Section 4(2) of the Act was issued on 01.09.1998 and the petitioners sent their objections on 16.09.1998 within the time stipulated in the notice and thereafter, 4(1) notification was issued. After that for the purpose of conducting award enquiry, a notice was issued to the petitioners as per Rule 5(1) in Form III dated 15.02.1999 directing the petitioners and other connected persons to appear for an enquiry on 09.03.1999 at 11.00 a.m before the second respondent.

(2.) THE admitted case of the petitioners is that after receiving the notice for award enquiry dated 15.02.1999 they have also appeared on 09.03.1999 before the second respondent. However, the grievance is that on the date of enquiry, the second respondent did not conduct enquiry and there was no one to conduct enquiry and therefore the enquiry was not conducted. This has prompted the petitioners to file the present writ petition challenging the award-dated 12.03.1999. THErefore, the only grievance of the petitioners in this case is that there was no award enquiry conducted on 09.03.1999 so as to enable the petitioners to put forth their claim regarding the value of land acquired.

(3.) I have heard the learned counsel for the petitioners and the learned Additional Government Pleader and also perused the entire records including the relevant portions of the file.