Janakiraman v. Special Tahsildar(Adw)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.12.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAN W.P.No.24796 of 2004 Janakiraman, by Power of Attorney, agent J.Durai @ Muthiyalu ... Petitioner

Versus

1.Special Tahsildar (ADW), Adi-Dravidar Welfare, Cuddalore.

2.Collector of Cuddalore District, Cuddalore.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, call for the records and quash the notice in proceedings As/513/2004 dated 14.07.2004 issued by the 1st respondent in respect of S.No.327/2 Hec. 2.36.02 and S.No.315/1C Hec.0.36.5 in Melkumaramangalam (South) Village, Panruti Taluk, Cuddalore District.

For Petitioner :Mr.R.Gururaj For Respondents :Mr.M.Elumalai Government Advocate for R1 & R2

ORDER

The notification issued under Section 3(1) of the Land Acquisition Act is under challenge in the present writ petition. The writ petitioner states that he is the owner of the property in Melkumaramangalam Village, (South) Panruti Taluk, Cuddalore District, in S.Nos.327/2 and 315/1C.

2. The grievances of the writ petitioner is that the acquisition proceedings are initiated for providing free house sites to the poor Adi-Dravida people. The grievances of the writ https://hcservices.ecourts.gov.in/hcservices/

petitioner is that the adjacent suitable lands are not chosen by the Authority for the purpose of acquisition and purposely the land belongs to the writ petitioner has been chosen to acquire for the benefit of the Adi-Dravida community. However, the learned Government Advocate appearing on behalf of the respondent states that the writ petition is filed challenging the 3(1) notification and the objections already submitted by the writ petitioner shall be considered by the Competent Authorities in this regard.

3. In this view of the matter, the respondents are directed to consider the objections submitted by the writ petitioner on 14.08.2004 and pass orders on merits and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order. The writ petitioner is permitted to submit the fresh objections or explanations if any along with the order passed in the present writ petition.

4. Accordingly, the writ petition stands disposed of. No Costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Pkn To 1.Special Tahsildar (ADW), Adi-Dravidar Welfare, Cuddalore.

2.Collector of Cuddalore District, Cuddalore.

+1cc to Mr.R.Gururaj, Advocate, S.R.No.87333 W.P.No.24796 of 2004 PP(CO) GSP(21/01/2019) https://hcservices.ecourts.gov.in/hcservices/