P PATHMANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenge to the Writ Petition is the Notification published in Madurai District Gazette dated 08.12.1997 under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, insofar as the lands situated at Survey Nos.248-1, 248-2, 248-3, 248-4, 248-6, 248-7, 248- 10, 248-11, 248-13, 248-22, 248-23, 248-25, Uthapuram Village, Periyayur Taluk.

(2.) According to the petitioner, the lands published under Notification were originally owned by one Ponnusamy Gounder. He inherited the lands through a Will executed by his mother-in-law Ponnuthai and also through registered sale deeds. It appears that a 4(1) notification was issued under the Tamil Nadu Act 31/1978 on 08.11997. The said Ponnusamy Gounder died on 18.01.1998 i.e., within 41 days from the date of the above 4(1) notification. Thereafter, the petitioner and his siblings have inherited the property and they are in continuous possession of the same.

(3.) While the matter stood thus, when the petitioner approached the Sub- Registrar, Elumalai, for the purpose of executing sale deed, he was informed that it could not be registered in view of the impugned notification and in view of the communication sent by the fourth respondent dated 06.05.2004. Thereafter, the petitioner came to know of the land acquisition proceedings and made a representation to the third and fourth respondents. Since no notice was served on him, he has chosen to challenge the said notification in the present Writ Petition.