R.APPULU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition arises under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978. The Special Tahsildar issued notice under Section 4 (2) of the Tamil Nadu Land Acquisition Act, 1978 on 27.06.2005 inviting objections from the land owners for acquisition of their lands and Form I notices were issued to the land owners on 29.06.2005 for the enquiry on 14.07.2005 at the Village Administrative Office. After receiving the notice, the land owners appeared for the enquiry held on 14.07.2005 under Section 4(2) of the Tamil Nadu Land Acquisition Act, 1978 and gave their objections.

(2.) In the present case, the first petitioner Appulu filed objections, the second petitioner Chandra is his wife and the third petitioner Ramadoss/ brother of the first petitioner filed his objections. Their objections were considered by the Special Tahsildar (Land Acquisition) and after considering their objections, the Special Tahsildar forwarded the recommendation to the District Collector for issuance of notification under Section 4(i) of the Tamil Nadu Land Acquisition Act, 1978. The District Collector after considering the recommendation made by the Special Tahsildar and objections made by the petitioners, over ruled the objection and approved the recommendation of the Special Tahsildar and thereafter, 4 (i) notification was issued. Challenging the same, the writ petition has been filed.

(3.) The learned counsel for the petitioners would submit that though the Land Acquisition Officer served notice under Section 4(2) of the Tamil Nadu Land Acquisition Act, 1978 and the petitioners filed their objections, their objections were not considered either by the Special Tahsildar or by the District Collector. He would further submit that the non consideration of the objections and non application of mind will vitiate the land acquisition proceedings and would further submit that the District Collector mechanically accepted the recommendation made by the Special Tahsildar.