ORDER :

The Review Application in Rev.Appl(Writ)No.9 of 2001 has been filed to review the order dated 11.10.2000 passed by this Court in W.P.No.6779 of 1998.

2. The petitioners filed the above Writ Petition in W.P.No.6779 of 1998, challenging the acquisition proceedings initiated under the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Act 31 of 1978) (herein after called as “the Act”) on various grounds. However, the said Writ Petition was dismissed by this Court, by an order dated 11.10.2000. Aggrieved by the same, the petitioner filed an appeal in W.A.No.2020 of 2000 and the Hon'ble Division Bench of this Court by an order dated 12.12.2000, passed the following orders :-

3. We have heard the learned counsel for the appellants and perused the materials on record. On consideration, we find that the point raised now by the learned counsel is not found in the order of the learned Single Judge, nor any affidavit has been filed to the effect that the learned counsel has specifically raised this point, but it was not considered. So, the learned counsel cannot be permitted to agitate this point at this stage. Under the circumstances, we think that it will be appropriate for the appellants to agitate the issue before the learned Single Judge, if they so desire, by way of review. Accordingly, the appellants are permitted to make a review before the learned Single Judge within two weeks from today.......

Hence, the petitioners filed this present Review Application.

3. The learned counsel appearing for the petitioners would submit that four items of the properties which were acquired under the Act, are as follows :-

Sl. No. Survey No. Extent (in hectare) Owner's name

1. 77/1 0.17.0 Munusami Goudu (died on 02.07.1996) S/o. Nanjappa

2. 78/1B 0.24.0 Munusami Goudu (died on 02.07.1996) S/o. Nanjappa

3. 77/2 0.19.5 1. Chinnappa S/o.Pappaiah

2. Antonisami S/o.Susainathan

3. Marasusai S/oSusainathan

4. Muniappa S/o. Marappa Goudu

5. Anthony Amma W/o.Pappanna

4. 78/2 0.44.5 1.Muniappa S/o.Marappa Goudu

2. Narayanappa S/o.Krishnappa

3. Rajanna S/o.Krishnappa

The first respondent had issued Form-I notice dated 15.09.1997, calling upon the deceased petitioner to show cause as to why the land ad measuring 0.28.5 hectare in survey No.77/2A of Chennathur Village, Hosur Taluk should not be acquired for public purpose of providing house sites to Adi Dravidars of Chennathur Village. It was addressed to Munusamy Goudu, S/o. Nanjappa. In respect of the land ad measuring 0.34.0 hectare in survey No.77/1 and 0.49.5 hectare in survey No.78/1, Form I notice was issued on the same person, on 15.09.1997. But on the said date, the said Munusamy Goudu was no more and thus the said notices were issued in the name of the dead person.

3.1. He further submitted that, without issuing notice to the land owners in survey No.78/2, the second respondent besides the above three survey numbers included another survey No.78/2 to an extent of 0.44.5 hectare without calling for any objections. Therefore, without causing service of notice in Form-I, the respondents had chosen to serve Form III notice alone and fixed that the award enquiry to be held on 24.03.1998. Section 7 of the Act contemplates that holding of an enquiry after notice to the persons interested in the land and consideration of their claims and the basis thereon. The first respondent did not held any enquiry as stated in Form III notice. The petitioners submitted their objections on 24.03.1998 to the first respondent pointing out that they are all small farmers, without sufficient income and they have already donated land ad measuring two acres for public purpose of K.P.R.B. Dam channel and construction of a well for drinking water.

3.2. He also submitted that the first respondent is not prescribed authority under the provisions of the Act and he is not competent to initiate any acquisition proceedings. It is only the Collector, who could exercise his power as a quasi judicial authori