Madras High Court

WP/2487/1996 of ISMAIL AND ANR. Vs DT COLLECTOR,RAMANATHAPURAM on 30 November 2001

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COURT OF JUDICATURE AT MADRAS DATED: 21/08/2002 CORAM THE HONOURABLE

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21/08/2002

CORAM

THE HONOURABLE MR. JUSTICE P.K.MISRA

W.P.NO.2487 OF 1996

1. Ismail

2. Asan Sahib ..Petitioner

-Vs-

1. The District CollectorRamanathapuram

2. The Special TahsildarAdDravidar WelfareRamanathapuram ..Respondents Petition filed under Article 226 of the Constitution of India for theissue of writ of Certiorari as stated therein.

For petitioner :Mr.S.Thiruvengadaswamy

For respondents : Mrs. N.G.Kalaiselvi,Spl.G.P.

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:ORDER

Heard the learned counsel appearing for the parties.

2. In this writ petition, the acquisition of land by the respondentsunder the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act 1978( Tamil Nadu XXXI of 1978 ) is being challenged. Though several contentionshave been raised it is unnecessary to deal with them as the writ petition isto be allowed on the question relating to non-compliance with the provisioncontained in Section 4(2) of the Act. For convenience the aforesaid provisionis quoted hereunder."4(2) Before publishing a notice under Section (1), the District collector orany officer authorised by the District Collector in this behalf, shall callupon the owner or any other person, who, in the opinion of the DistrictCollector or the officer so authorised may be interested in such land, to showcause why it should not be acquired."It has been asserted in the writ petition that the Gazette notification underSection 4(1) of the Act was published by the Collector without complying withthe provision under Section 4(2). A bare perusal of Section 4 would make itclear that before publishing the notification relevant to acquisition underSection 4, the Collector is required to issue notice to the person concerned in accordance with Section 4 (2). It has been held in several decisions ofthis Court including N.LOGANATHAN V. THE SPECIAL TAHSILDAR, A.D.W.,TIRUVELLORE (1996 (1) M.L.J. 442) that the provision contained in Section4(2) is mandatory and any acquisition in violation of such provision is nulland void.

3. In the present case, though counter has been filed, there is no assertion tothe effect that notice as contemplated under Section 4(2) has been issued tothe petitioner before publication of the Gazette dated 1.11.95. In fact, itappears that only after publication of the Gazette dated 1.11.1995, a noticewas issued to the petitioner for the first time in Form No.III on 21.12.1995.Notice under Form No. III relates to the question of the award. On the otherhand notice under Section 4(2) is in Form No.I. Such a notice has not beenissued.

4. Following the aforesaid decision, I quash the gazette notificationdated 1.11.1995. The writ petition is accordingly allowed. No order as tocosts.

21-08-2002

Index:yesInternet:yessal

To

1. The District CollectorRamanathapuram

2. The Special TahsildarAdiDravidar WelfareRamanathapuram P.K.MISRA,J.

W.P.NO.2487/1996

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