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2004 Supreme(Mad) 629

PRABHA SRIDEVAN
O. U. Sindha Madhar – Appellant
Versus
The Special Tahsildar, Adhi Dravida Welfare Land Acquisition, Tenkasi, Nellai Kattabomman District and others – Respondent


Advocates:
Mrs.Nalini Chidambaram, Senior Counsel, for M/s.Anand Abdul Anand, for Petitioner.
R.Muthukumarasamy, Additional Advocate General, assisted by S.P.Prabhakaran, A.G.P., for Respondents.

ORDER: The writ petitioner challenges the acquisition proceedings on several grounds. According to him, the lands in question were purchased by him and his sister, Aminal Bibi in 1963 and he has been in exclusive possession ever since. According to him, there are enough Government lands in and around Kadayanallur, which could be allotted to the Adi Dravidas. No enquiry was conducted and no attempt was made to serve notice on the owner nor were the rules relevant to service of notice complied with.

2. In this case, the proceedings of the Tahsildar indicate that notice was served only to one Mohd.Yusuf, S/o.Shahul Hameed and therefore, the notification under Sec.4(1) of the Act also refers only to Mohd.Yusuff, S/o.Shahul Hameed as the owner of the land sought to be acquired. The recommendations of the Special Tahsildar on 16.9.1995 also indicate that the Village Administrative Officer had informed that the patta was in Mohd.Yusuff’s name and that he alone is in enjoyment of the lands. For the first time, in the Form III notice issued under Rule 5(i), the petitioner’s name is found. It is apparent even from the counter that the petitioner has not been shown as the person interested at



















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