P.M. MEERAN Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition relates to the acquisition of the properties of the petitioner under the Tamil Nadu Adi Dravidar Land Acquisition Act, 1978 (Tamil Nadu Act 31/78).

(2.) THE 2nd respondent in this writ petition has filed a counter affidavit.

(3.) THE second respondent has issued a notice under Section 4(2) of the Tamil Nadu Adi Dravidar Land Acquisition Act, 1978 (Tamil Nadu Act 31/78) under Form I as per Rule 3(1) of the Rules framed under the Act. In the said Form, the name of the petitioner was mentioned as Meeran Rowther late, however, including one P.Mohd.Ansari and Dr.M.Basheer as his legal heirs. The said two legal heirs mentioned in Form I have raised objection before the second respondent stating that their father Meeran Rowther died leaving behind not only the said two persons but also another son viz., Paul Mohammed Usman. In spite of the said information given to the second respondent by the said two legal heirs, the second respondent has not taken any steps to either include another legal heir of late Meeran Rowther, viz., Paul Mohammed Usman nor attempted to rectify the notice given under Section 4(2) of the Act. Ultimately, final order has been passed under Section 4(1) of the Act in Form II as per Rule 3(2) of the Rules framed under the Act. It is seen that final order has been passed in the name of Meeran Rowther, which does not even contain the names of other two legal heirs. Therefore, it is a clear case wherein the authority under the Land Acquisition Act has proceeded knowing that the owner of the property has died, even after including two of the legal heirs in Form I, but has left out the said two legal heirs in Form II apart from not taking steps to include the legal heir i.e., the other son of the original owner viz., Paul Mohammed Usman. The entire proceedings is vitiated on the ground that the land acquisition has been commenced and completed against a dead person with the knowledge of death of the original owner.