P. AYYASAMY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Write Appeal is filed by the writ petitioners challenging the order dated 16.08.2018 passed by the learned Single Judge in dismissing W.P. No. 8909 of 2009 filed by the appellants/writ petitioners to quash the order passed by the first respondent in Perambalur District Gazette, dated 17.10.1997.

(2.) It is the case of the appellants/writ petitioners that the second appellant is owning an extent of 0.65 hectares in Survey no.406/5 and the first appellant and the fourth appellant are owning totally 0.53.0 hectares in S.No.405/6. One K.Poovayee is owning an extent of 0.19.0 hectares in S. No.406/4 and another extent jointly with one K.Poornathammal, measuring an extent of 0.39.5 hectares in S. No.406/4C; one Periyasamy is owning an extent of 0.07.5 hectares in S.No.405/5A and V.Poornathammal is owning an extent of 0.34.5 hectares in S.No.406/1, all in Maravanatham Village, Veppanthattai Taluk, Perambalur District. The above area is contiguous and is being kept for the purpose of constructing houses of their own. While so, the said lands were sought to be acquired for providing house-sites to Adi Dravidars residing in the said District. The said land acquisition proceedings were originally initiated in the year 1995. Some of the affected land owners filed W.P.No.11692, 11693 and 11853 of 1995 before this Court under the Central Act (Land Acquisition Act, 1894), which were allowed. Thereafter, again acquisition proceedings have been initiated under the Tamil Nadu Act 31 of 1978 and the appellants/writ petitioners raised objections, but however, overlooking the said objections, the respondents have acquired the lands. Hence, the appellants/writ petitioners again filed Writ Petition before this Court in W.P.No.19480 of 1997 challenging the order of the first respondent, dated 18.09.1997. While admitting the said Writ Petition, this Court initially granted interim stay and when the said Writ Petition came up for final hearing, it was represented on behalf of the respondents that subsequent to the proceedings, dated 18.09.1997, notification under Sec. 4(1) under the Act 31 of 1978 came to be issued. Hence, this Court gave liberty to the appellants/writ petitioners to challenge the final order passed under Sec. 4(1) of the Act and the said Writ Petition was accordingly disposed of on 008.2004.

(3.) After receiving the copy of the abovesaid order of this Court, the appellants/writ petitioners made a representation on 27.09.2004, requesting the respondents to furnish a copy of the Notification issued under Sec. 4(1), for which, the first respondent replied by letter dated 08.10.2004 directing the petitioners to approach the Government Press, where they said that they don't have the copy of the Gazette Notification. When the appellants/writ petitioners once again approached the respondents, they said that they are not furnishing the copy of the Notification. Hence, the first appellant again filed W.P.No.35207 of 2004 seeking for issuance of a Writ of Mandamus to direct the respondents to furnish a copy of the said Notification issued under Sec. 4(1) in the abovesaid land acquisition proceedings. This Court directed the respondents to furnish a copy of the said Notification in two weeks.