T.MUTHUSAMY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The notification dtd. 12/10/2004 under Sec. 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (hereinafter referred to as 'the Act') is under challenge in the present Writ Petitions. Since the petitioners in all these Writ Petitions have challenged the same 4(1) notification, all these Writ Petitions are disposed of through a common order.

(2.) Heard Mrs.Hema Sampath, learned Senior counsel appearing on behalf of the petitioners and Mr.V.Anandamurthy, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 as well as Mr.G.Prabhu, learned counsel for the impleaded fourth respondent.

(3.) Under the impugned notification, various extent of lands including the petitioners' land comprised in Survey No.52/1, 52/2 and 53/6B measuring an extent of 0.39.5, 0.33.0 and 1.43.0 hectares respectively at Mettupalayam South Village, Perambalur were sought to be acquired. The notice under Sec. 4(2) of the Act was issued by the Special Tahsildar, Adi Dravidar Welfare, Perambalur on 22/11/2002, calling upon the interested persons to show cause as to why the lands should not be acquired. On receipt of the objections given by the petitioners, an enquiry came to be conducted and by an order dtd. 2/10/2004, the District Collector (in-charge), Perambalur, had rejected the petitioners' objections citing reasons. Thereafter, the impugned notification under Sec. 4(1) of the Act came to be passed stating that "it appears to the Government of Tamil Nadu" that the lands mentioned in the notification are required for issuance of free house-site pattas for the Adi Dravidar Community people.