T S SUMATHI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the award No.10/98-99, dated 23.10.2003, passed by the second respondent in pursuance of the notice No.RCA 1052/98, dated 17.2.1999, in respect of the acquisition proceedings initiated, under Section 41 of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978, relating to the land, measuring about 1.25.0 Hectares of land in Survey No,652/1, 2, 3 and 5 in Thanigaipolur Village in Vellore District.

(2.) THE main contention of the learned counsel appearing for the petitioner is that in spite of she being a legal heir of her father T.Sundarabashyam, the land acquisition proceedings had been initiated only against the third respondent, T.S.Ravi, who is her brother. THErefore, the land acquisition proceedings is in violation of the principles of natural justice, as well as the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Act, 1978.

(3.) THE learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the petitioner is permitted to make necessary claims before the second respondent, with regard to the amount of compensation lying in Revenue Deposit in respect of the land in question.