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2006 Supreme(Mad) 3274

P.SATHASIVAM, S.TAMILVANAN
Loganathan – Appellant
Versus
The State of Tamil Nadu, rep. , by the Secretary to Government & Others – Respondent


Appearing Advocates: For the Appellant:T.R. Rajagopalan, SC., for K. Surendranath, Advocate. For the Respondents:A. Edwin Prabhakaran, Government Advocate.

Judgment :-

(Writ appeal filed under Clause 15 of the Letters Patent against the order dated 04.02.2005 made in W.P.No.3879 of 1997.)

P. Sathasivam, J.

The above writ appeal is directed against the order dated 04.02.2005 made in W.P.No.3879 of 1997, in and by which, the learned single Judge upheld the acquisition proceedings initiated under Act 31 of 1978 and dismissed the writ petition.

2. Heard the learned Senior Counsel for the appellant as well as the learned Government Advocate for the respondents.

3. For convenience, we shall refer the parties as arrayed in the writ petition. According to the petitioner, the third respondent without serving a show cause notice as required under Section 4(2) of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act 31/78(hereinafter referred to as "the Act") read with Rule 3 of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Rules, proceeded to acquire his land for providing house sites to Adi Dravidars of Nandimangalam village. When he was not given an opportunity, he approached this Court by way of writ petition, which ended in direction to the authorities to consider his objections and pass appropriate orders in accorda














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