LAWS(MAD)-2009-1-334

A SHEIK MOHAMMED Vs. DISTRICT COLLECTOR

Decided On January 21, 2009
A. SHEIK MOHAMMED Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus calling for the records of the first respondent comprised in 4(1) notification issued under Act 31 of 1978 in Na.Ka.No.Q.3/17015/96 published in Pudukkottai District Gazette dated 07.3.1997 and consequential award passed by the second respondent in Na.Ka.No.A1/1239/95 dated 27.3.1997 and to quash the same and directing the respondents not to acquire the petitioner land in S.F.No,261/4 in Kodikulam Village, Avudayarkoil Taluk, Pudukkottai District an extent of 0.66 1/2.) Heard both sides and perused the records filed in this case as well as the original records circulated by the learned Government Advocate.

(2.) THE petitioner, aggrieved by the acquisition of his land in Survey No,261/4 to an extent of 0.66 1/2 cents situated at Kodikulam Village, Avudaiyar Kovil Taluk, Pudukkotai District under the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (for short 'T.N.Act 31 of 1978'), has filed the present writ petition.

(3.) THE objection given by the said owner was considered by the authority concerned. He sent his proposal dated 29.2.1996 to the District Collector.District Collector rejected the objections given by the land owners by his order dated 07.3.1997. THEreafter, a notification under Section 4(1) was published in the District Government Gazette on 07.3.1997. An Award in No,6/96-97 has been passed on 27.3.1997 and the compensation amount has been deposited into the Court.