UMMUKOLUDAM BEEVI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Appeal has been filed as against the order dated 06.01.2009 passed by the learned Single Judge in W.P.No.13310 of 1999, whereby and whereunder, the learned Single Judge has dismissed the Writ Petition filed by the appellant/writ petitioner praying to quash the Notification issued under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act.

(2.) The case of the appellant/writ petitioner before the learned Single Judge is that she is the owner of agricultural Punja land of an extent of 1.20.5 hectares in S.No.159/2, 3 and 6 of Sakkarakottai Village, Ramanathapuram District. She has been in possession of the land and cultivating paddy in rainy season and Punja cultivation in the other season. A notice dated 17.10.1995 was received by the earlier purchaser of the land, namely one Reghuman Beevi, under the said Act, from the second respondent, expressing their intention to acquire the land under the said Act and called for objections. Though the petitioner submitted her objection, without considering the same and without even conducting any enquiry, the Notification under Section 4(1) of the said Act was published in the Ramanathapuram District Gazette, dated 10.01.1996. Since the respondents are trying to dis-possess the petitioner, the present Writ Petition is filed by the appellant/writ petitioner.

(3.) The Writ Petition was opposed by the second respondent by filing detailed counter affidavit stating that the land in question is meant purely for the welfare of Adi Dravidars, to provide house-sites to them. No other alternative land was found suitable to concede the long felt need of 199 families of Adi Dravidar house-less poor of Sethu Nagar, Sakkarakottai Group. The Government considers the public interest than the individual interest and claim. Due opportunity has been given to the petitioner regarding acquisition of land and the formalities have been followed.