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2005 Supreme(Mad) 488

MARKANDEY KATJU, FAKKIR MOHAMED IBRAHIM KALIFULLA
The District Collector & Another – Appellant
Versus
Manickam – Respondent


Advocates Appeared: For The Appellants : S. Gomathinayagam, Special Govt. Pleader.

Judgment :-

The Honourable Chief Justice:

This writ appeal has been filed against the impugned order of the learned single Judge dated 26.2.2004.

2. We heard the learned Special Government Pleader for the appellants and find no merit in this appeal.

3. The learned single Judge in her order has quashed the order dated 4.3.1996 on the ground that it was passed mechanically without proper application of mind by merely filling up a cyclostyled form which stated that the objections of the land owner to the acquisition are overruled.

4. We agree with the view taken by the learned single Judge.

5. Under Section 4(2) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act 1978 (Act XXXI of 1978) (hereinafter referred to as the `Act'), the District Collector can authorise any officer to give a hearing to the land owner and under Section 4(3)(b) of the Act, such officer, after hearing the party concerned, has to make a report to the District Collector containing his recommendations on the cause shown by the land owner and on such report, the District Collector may pass such orders as he may deem fit. Section 4(3)(b) of the Act states as follows:

" Where any officer authorised by t










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