RAMAIYA Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THE prayer in the Writ Petition is for issuance of a Writ of Certiorari, calling for the records of the second respondent relating to the Notification published in District Gazette, Pudukkottai, dated 29.9.1997 bearing No.Na.Ka.Q3/52637/97 and quash the Notification made therein in respect of the petitioner's land in Survey No.277/19 measuring 0.45.0 hectares in Pallavarayan Pathai Village, Alangudi Taluk.

(2.) THE petitioner is the owner of the land comprised in S.No.277/19 to an extent of 0.60.5 hectares. According to him, he was served with a notice in Form-I under THE Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act 31 of 1978, which is as per Rule 3(i) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979, which is consonance with Section 4(2) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act 31 of 1978 and that the notice was issued to the petitioner on 20.11.1995. THE petitioner has given objection to the first respondent-Special Tahsildar on 5.12.1995. THEreafter, according to the petitioner, there was no communication.

(3.) ON the other hand, it is the contention of the learned Additional Government Pleader appearing for the respondents that even though it is stated under Section 4(1) of Act 31 of 1978 that it is to the satisfaction of the District Collector, Section 4(1) Notification is issued in the format prescribed under the Rules framed under Act 31 of 1978. As per the format prescribed under the Rules, which is Form-II, stated to have been prescribed in accordance with Rule 3(ii) of the Rules framed under Act 31 of 1978. In the said Form- II it is made clear that, "WHEREAS it appears to the Government of Tamil Nadu ...." and the said Form-II, as prescribed in the Rules, had been used by the respondents and therefore, there is no illegality or irregularity in the same. Learned Addl. G.P. has also produced the files relating to the land acquisition proceedings.