KAMALAMMAL Vs. COLLECTOR OF THIRUVAROOR DISTRICT THIRUVAROOR

JUDGEMENT

(1.) IN this Writ petition, the petitioners have challenged the proceedings dated 18.12.2000, published in the District Gazette dated 06.01.2001, and as amended by the respondents in proceedings dated 26.02.2001, and published in Government Gazette dated 28.02.2001, in respect of property comprised in Survey No.105/01 Orattur Village, Mannargudi Taluk and quash the same.

(2.) THE power of attorney to the petitioners has submitted that land comprised in Survey No.105/1 in No.111 Orattur Village, Mannargudi Taluk, Tiruvarur District, measuring an extent of 2 acres and 82 cents belong to the first petitioner's husband and father of the petitioners, 2 and 3. He died on 15.01.1998, leaving behind the petitioners as his legal heirs. After the demise, the petitioners have inherited the property in succession and they are in the possession of the same.

(3.) IT is the case of the petitioners that the Notification made under Section 4(1) of the Tamilnadu Land Acquisition for Harijan Welfare Schemes Act 1978, in the name of the dead person is illegal, void ab-initio. The Notification ought not to have been made in the name of the power agent. According to the petitioners, there is already an existing pathway and therefore, the acquisition proceedings are unwarranted.