M.V.Nanjundappa v. The Collector Of Krishnagiri

WP NO. 29585 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP NO. 29585 of 2016 M.V.Nanjundappa S/o.Venkatappa and another Petitioner(s) Vs The Collector of Krishnagiri Formerly Collector of Dharmapuri, Krishnagiri and another Respondent(s) For Petitioner(s): Mr.C.Parthiban For Respondent(s): Mr.Gokulkrishnan, Additional Government Pleader

ORDER

The main ground that has been raised by the learned counsel for the petitioners is that no notice was served under Section 4(2) of the Tamil Nadu Acquisition of Land for Adi Dravidar Welfare Schemes Act, 1978 as contemplated under Rule 3(i) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979. The learned counsel submitted that the right to raise objections after the receipt of the notice under Section 4(2) of the Act is the only opportunity that is given to the land owners and if this opportunity is denied, the acquisition proceedings itself will be vitiated. To substantiate this submissions, the learned counsel relied upon the orders passed by this Court in W.P.No.32305 of 2014 https://www.mhc.tn.gov.in/judis

dated 27.11.2018. The learned counsel also placed reliance upon the judgment of this Court in Alagu and others vs. District Collector and the Special Tahsildar (Land Acquisition), Adi Dravidar Welfare reported in 2007 2 MLJ 1168. 2.The original records are available with the learned Additional Government Pleader. But however, the learned Additional Government Pleader sought for some time to take the assistance of the concerned officials to establish before this Court that notice under Section 4(2) was served on the petitioner.

3.Post this case under the caption 'Part Heard Cases' on 01.04.2025. 24-03-2025 ssr To

1. The Collector of Krishnagiri Formerly Collector of Dharmapuri, Krishnagiri

2. The Special Tahsildar Adi Dravidar Welfare, Krishnagiri https://www.mhc.tn.gov.in/judis