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2005 Supreme(Mad) 613

MARKANDEY KATJU, FAKKIR MOHAMED IBRAHIM KALIFULLA
Gunasekaran & Others – Appellant
Versus
State of Tamilnadu rep. by its Secretary to Government & Others – Respondent


Advocates Appeared: For The Appellants:V.K. Vijayaragavan, Advocate. For The Respondents: V. Raghupathi, Government Pleader.

Judgment :-

The Hon'ble Chief Justice:

This writ appeal has been filed against the impugned judgment of the learned single Judge dated 6.8.1999. Heard the learned counsel for the parties and perused the records.

2. The case relates to a proceeding under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (hereinafter referred to as 'the Act'). It appears that the original land owner was one Ramasamy Gounder, who died in Singapore ten years before the land acquisition proceedings began. There is nothing to show that a show cause notice was served under section 4(2) of the Act by the District Collector on the heirs of Ramasamy Gounder. Section 4(2) of the Act reads as follows:-

"Before publishing a notice under sub-section (1), the District Collector or any officer authorised by the District Collector in this behalf, shall call upon the owner or any other person, who, in the opinion of the District Collector or the officer so authorised may be interested in such land, to show cause why it should not be acquired."

3. A perusal of section 4(2) shows that it is mandatory on the District Collector or any officer authorised by him to serve a show cause notice on the land










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