By consent of both parties, the writ petition itself is taken up for final disposal.

2. Prayer in this writ petition is to issue a writ of mandamus directing the respondents to complete the acquisition proceedings by passing an award for payment of compensation in pursuance of Section 4(1) notification No.2 dated 3. 1996 issued under the Tamil Nadu Acquisition of Lands for Adi Dravidar Welfare Act, 1978, and published in the Ramanathapuram District Gazette.

3. The brief facts necessary for disposal of the writ petition are as follows:

(a) An extent of 2.03.50 H of lands situate in Ward C Block 11, T.S.No.1/2A, Soorankottai Village, Ramanathapuram Taluk and an extent of 0.660.0 H in Ward C, Block 11, T.S.No.3/1 of the said village and Taluk belonging to the petitioners were acquired by the respondents by issuing notification under section 4(1) of the Land Acquisition Act, 1894, on 5. 1995 and the same was published in the Tamil Nadu Government Gazette and also in the local News Papers. When the said 4(1) notification was in force, the Tamil Nadu Acquisition of Lands for Adi Dravidar Welfare Act, 1978 (Act 31 of 1978) after the same was upheld by the Supreme Court, came into force and as per Section 4(1) of Act 31 of 1978, a notification was issued and published in Ramanathapuram District Gazette on 3. 1996.

(b) On 13. 1996 a show cause notice was issued to the petitioners by the Special Tahsildar for enquiry. Petitioners appeared before the special Tahsildar and expressed their consent and requested for early payment of compensation. Thereafter, there was no information from the respondents.

(c) The said land was acquired for constructing houses for Adi Dravidars. The lands are located in between the lands already acquired by the Government Adi Dravidar and Harijan Welfare Department and the petitioners cannot use the said lands for cultivation or any other purpose.

(d) In spite of their giving consent no action having been taken by the respondents for paying compensation, petitioners individually and collectively sent representations to the higher officials. No action having been taken to finalise the compensation amount, the petitioners filed W.P.No.12951 of 2000 before this Court and prayed for issuing a writ of mandamus directing the respondents to acquire the land as per section 4(1) notification and also on the basis of enquiry conducted under Section 5(1) of Act 31 of 1978 and for payment of suitable compensation. This Court by order dated 13. 2002 directed the first respondent to dispose of the representations sent by the petitioners within a period of six weeks.

(e) On 24. 2002 petitioners enclosed the said order copy with covering letter. Since there was no response, a counsel notice was issued on 19. 2002 which was received by the third respondent on 19. 2002. Thereafter, 4th respondent issued notice for fixing the hearing date on 10. 2002. The first petitioner appeared on behalf of the petitioners before the 4th respondent on 10. 2002 and gave a letter requesting the 4th respondent to pay compensation. Even thereafter there was no response from the respondents.

(f) Hence the petitioners have filed this writ petition before this Court on 12. 2003 by contending that the respondents have no right to abandon the acquisition proceedings once enquiry under section 5(1) of the Tamil Nadu Acquisition of Lands for Harijan Welfare Act, 1978, is issued and after issuance of notification under section 4(1) of the Act, through the District Gazette, the land vests with the Government free from all encumbrances and therefore the respondents are bound to complete the acquisition proceedings and pay the compensation.

(g) It is also stated in the affidavit that the surrounding lands are already acquired for Adi Dravidar, Tribals and Harijan colonies and the petitioners lands are also being now used by the said persons as there is no proper approach road to reach the petitioners lands due to the establishment of the colon