A KALIYAPPAN Vs. DISTRICT COLLECTOR SALEM DISTRICT

JUDGEMENT

(1.) THIS writ petition is filed challenging the notification issued by the first respondent, District Collector, Salem under section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (in short, "Act 31/78") in respect of the land to an extent of 1.19.0 hectares comprised in Survey Nos.64/2B2, 67/1B and 67/2 in Athanoorpatty Village, Vazhapadi Taluk, Salem District.

(2.) ACCORDING to the petitioner, the property was sold to one Raja Chettiar in the year 1980, from whom he borrowed money and the sale was effected as indemnity for the loan and after the amount was repaid, it was by a registered document, resale was effected on 8.6.1995. The patta was transferred by the Revenue Department on 12.4.1996. Adangal and chitta also disclose that the petitioner is in possession of the above said property. It is, by communication dated 20.8.1998, the petitioner was directed to hand over possession before 7.9.1998 and thereafter, he came to know that land acquisition proceedings were initiated against his property under the Act 31/78. ACCORDING to the petitioner, no notice was given to him under section 4(2) of the said Act. There are other poramboke lands available, which can be utilised and converted as house sites for the people of Adi Dravida community. The petitioner has grown more than 300 mango trees, which are standing on the land and as owner of the land, the petitioner should have been served with a notice.

(3.) ON the other hand, it is the contention of the learned Additional Government Advocate that as per the Revenue Records, the property stands in the name of Raja Chettiar to whom notice under section 4(2) of the Act was sent by the second respondent and opportunity has been given to the owner but he has failed to appear and therefore, the entire proceedings are valid. She has also produced the files relating to the land acquisition proceedings.