D. Murugesan, J.

This writ appeal is directed at the instance of the Secretary to Government, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu questioning the order in the writ petition. By order dated 20.11.2004, the writ petition came to be allowed and the notification dated 112. 95 issued under Section 4(1) of the Tamil Nadu Acquisition of Lands for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) (for short, "the Act") was set aside.

2. The writ appeal arises under the following circumstances:

The respondent is the owner of agricultural land in S.Nos.16/2B, 16/2E, 16/2T etc. The acquisition proceedings were initiated to acquire the land in an extent of 1.00 acre in S.No.16/2E for providing house sites to Arunthathiars of Kodikkadu hamlet of Kasthuripatti village. In spite of the objections raised during the enquiry held under Section 4(2) of the Act, the impugned notification was issued under Section 4(1) of the Act. The said notification was questioned primarily on the following grounds, among other grounds, namely, in the impugned notification, the purpose of acquisition has been stated as for providing burial ground to the Adi-dra