High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE R. SUDHAKAR
Alagu & Others
Versus
District Collector, Madurai & Another
W.P.No.4920 of 1999, W.P.No.4921 of 1999, W.P.No.4922 of 1999
Decided On : 07-02-2007
All the Writ Petitions are filed challenging the Notification dated 211. 1998 issued under Section 4(1) of the Land Acquisition Act, in so far as the petitioners lands are concerned.
2. W.P.No.4920 of 1999:- First petitioner for herself and on behalf of the petitioners 2 and 3 has filed the affidavit. It is stated that originally, the property, which is sought to be acquired, viz., 0.58.0 hectares (about 1.47 acres) of land in S.No.31/3 at Ayyur village, was in the name of Solaimalai Gounder. His three sons are,
1) Late Thirumal, the husband of the first petitioner;
2) Dinakaran, second petitioner and
3) Damodaran, vendor of the third petitioner.
After the death of Solaimalai Gounder, his three sons partitioned the lands. Thirumal expired in 1995. His death has been duly informed to the Revenue Officials. After oral partition and after the death of Thirumal, his wife the first petitioner is looking after his share. Likewise, the second petitioner is cultivating the land and paying kist for his share separately. Mr.Damodaran, sold his share to the third petitioner. After purchase, the third petitioner is paying kist in his own name. The revenue records however, remained in the name of the husband of the first petitioner, who died. But without ascertaining these facts, the Village Administrative Officer handed over a notice dated 22. 1999 in Form No.III issued in the name of late Thirumal to the first petitioner. In the notice, second respondent informed that enquiry will be conducted on 13. 1999. At this point of time only, the first petitioner came to know that the first respondent issued a Notification under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) dated 211. 1998 in a Special District Gazette bearing No.17 for acquiring the lands. The impugned Section 4(1) Notification and notice in Form No.I under Rule 3 has been issued in the name of dead person, viz., late Thirumal, the husband of the first petitioner. No notice was issued to all the petitioners in the writ petition. All the three petitioners claim title and ownership of the property and that they are the persons interested. Therefore, they claim that they should have been duly intimated by the authorities before they proceeded to acquire the lands in question. Therefore, the Notification issued under Section 4(1) of the Land Acquisition Act is challenged inter alia on the ground that the notice to the land owners as contemplated under Section 4(2) of the land Acquisition Act read with Rule 3 of the Tamil Nadu Land Acquisition for Harijan Welfare Schemes Rules, 1979 (Tamil Nadu Act 31/1978) has not been issued and therefore, the Notification has to be set aside.
3. W.P.Nos.4921 and 4922 of 1999:-The petitioners in both the writ petitions claimed to be the owners of the lands each to an extent of 38 cents, punja land at Ayyur village, Vadipatti Taluk, Madurai District in Survey Nos.31/2A and 31/2B respectively. It is stated that the Village Administrative Officer handed over a notice dated 22. 1999 in Form No.III to the respective petitioners. In the notice, the second respondent called the petitioners for the enquiry to be conducted on 13. 1999. It is only then that the petitioners came to know for the first time that the first respondent issued a Notification under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) dated 211. 1998 in a Special District Gazette bearing No.17 for acquiring the lands. Immediately they sent objections to the second respondent. Both the petitioners claimed to be the owners of the property and they are the persons interested and therefore, they should have been duly intimated by the authorities before proceeding to acquire the lands in question. Therefore, the Notification issued under Section 4(1) of the Land Acquisition Act is challenged inter alia on the ground that the notice to the lan
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