STATE OF TAMIL NADU Vs. K SELVARAJ

JUDGEMENT

(1.) K. RAVIRAJA Pandian, J. These appeals are filed against the common order of the learned single Judge dated 17. 2. 2003 made in W. P. Nos. 5881 and 5882 of 2000, wherein and whereby the writ petitions filed by the respondents herein challenging the notification issued by the appellant and published in the Tiruchirappalli District Gazette No. 6 dated 8. 3. 2000 under Section 4 (1) of the Tamil Nadu Land Acquisition for Harijan Welfare Schemes Act, 31 of 1978, (hereinafter referred to as "the Act"), has been allowed by quashing the said notification on the ground that the public purpose for which the land was sought to be acquired i. e. , for construction of additional building to the Adi Dravidar Welfare Middle School, Devimangalam village is not coming under the purview of the definition of "harijan welfare scheme" under Section 3 (g) of the above said Act.

(2.) THE lands in an extent of 0. 79. 0 hectares and 0. 91. 5 hectares owned by respondents in writ appeal Nos. 4150 and 4151 of 2004 respectively, was sought to be acquired under the Act. The appellant after considering the objections from the persons interested in the land under Section 4 (2) and (3) of the Act, caused a publication in Tiruchirappalli District Gazette a notification under Section 4 (1) of the said Act for acquiring the lands for construction of additional building to the Government (Adi Dravida Welfare) Middle School, Devimangalam village. The respondents after unsuccessfully moving the Civil Court against the acquisition proceedings filed the writ petitions challenging the acquisition proceedings on several grounds as to the suitability and adaptability of the land for the purpose for which it is sought to be acquired.

(3.) BEFORE the writ Court, the respondents have taken a new point to the effect that the purpose for which the lands are sought to be acquired would not come within the definition of "harijan Welfare Scheme" contained in Section 3 (g) of the Act if the same is construed by applying the principle of ejusdem generis.