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2006 Supreme(Mad) 184

R.SUDHAKAR
Doulath Nisha – Appellant
Versus
District Collector Pasumpon Muthurainalinga Devar District & Another – Respondent


Advocates:
For the Petitioner:R. Selvakumar, Advocate. For the Respondents: D.
Malarvizhi, Government Advocate.

Judgment :

The above writ petition relates to the challenge of the proceedings of the District Collector, Pasumpon Muthuramalinga Devar District’s special publication in W1/2/2627/1996 dated 28. 1996 (No.77) directing the publication of Sec.4(1) notification. Sec.4(1) notification was published in the District Gazette notification on 19. 1996. The acquisition of land in question is in survey Nos.422/2 and 422/5 of Paruthiyur Sub-village, Thidakottai Village, Devakottai Taluk, Pasumpon Muthuramalinga Devar District. A notice-dated 12. 1996 was issued in Form III under Rule 5(i) of the rules framed under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Act XXXI of 1978) to the petitioner on 1212. 1996. The writ petition was admitted on 212. 1996 and interim stay of dispossession was granted and the same was made absolute on 9. 2003. The possession of the property is with the writ petitioner.

2. The only contention raised by the learned counsel for the petitioner is that the notice in Form I under Rule 3(i) as contemplated under Sec.4(2) of Act 31 of 1978 was not served on the petitioner and therefore, the mandatory compliance as required under the said Act i










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