DISTRICT COLLECTOR Vs. K SUNDARAM

JUDGEMENT

(1.) This Appeal is filed against the order passed by the learned single judge in WP.No.6034 of 1999 dated 15.04.2008.

(2.) The land in S.Nos.232/1K, 232/4G, 232/5 and 209/3D of Pakkanadu village, Elapadi Taluk, Salem District originally belonged to the father of the respondents. After his death in the year 1996, the respondents have jointly inherited the property and they are in joint possession. Whileso, the first appellant/District Collector, Salem has issued a notice on 09.10.1998 for acquisition of the land for providing house sites to Adi-Dravidars under Act 31 of 1978, for which the respondents have filed their objection on 26.10.1998. A further representation was made on 26.01.1999 stating that an alternative poromboke land in S.No.229/1A is available which would be more suitable for the Harijan Housing colony. The representation was rejected. The first respondent has issued an order dated 17.03.1999 publishing the notification under Section 4(1) of Act 31/1978. The second respondent issued notice on 19.03.1999 for conducting the award enquiry on 26.03.1999.

(3.) Before the Writ Court, the appellants have stated that Form-I notice dated 09.10.1998 was served on 25.10.1998 fixing the date of enquiry as 26.10.1998. The respondents have filed their objections on 26.10.1998. Their objections were considered by the Tahsildar in his proceedings dated 30.10.1998 and it was overruled. Thereafter, the District Collector, in his proceedings dated 17.03.1999, considered the proceedings of the Tahsildar dated 30.10.1998 and overruled the objection of the land ownerrs and directed notification to be issued under Section 4(1) of the Act. It is further stated that the award was passed on 26.03.1999. The writ petition came to be filed during the first week of April 1999.