IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07/07/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice V.DHANAPALAN
Writ Appeal No. 1674 of 2003
and
WAMP No.2283 of 2003
Lakshmana Pillai ... Appellant
-Vs-
1.The District Collector
Salem.
2.The Special Tahsildar,
Adi Dravidar & Tribal Welfare,
Omalur, Salem District. ... Respondents
Writ appeal filed under Clause 15 of the Letters Patent against
the order dated 28.02.2002 made in W.P.No.7743 of 2000.
!For Appellant : Mr.G.Arul Murugan
^For Respondents: Mr.C.Thirumaran
1 and 2 Government Advocate
:JUDGMENT
(Judgment of the Court was delivered by P.SATHASIVAM, J.)
The above appeal has been filed against the order of the learned
single Judge dated 28.02.2002 in W.P.No.7743 of 2000, in and by which, the
learned single Judge dismissed the writ petition filed for questioning the
acquisition proceedings initiated under the Tamil Nadu Act 31 of 1978.
2. Heard the learned counsel appearing for the appellant as well as
the learned Government Advocate for the respondents.
3. The only contention of the learned counsel for the appellant is
that the appellant was not served the Form-1 notice, which is mandatory as per
Section 4(2) of the Tamil Nadu Act 31 of 1978.
4. In view of the fact that before the learned single Judge, the
respondents have not filed counter affidavit meeting the said aspect, we
directed the learned Government Advocate to secure the relevant records.
5. Today, the learned Government Advocate, on perusal of the records
informs this Court that there is no endorsement or proof to show that Form-1
notice was served to the petitioner/appellant.
6. In such circumstances and in view of the fact that the only
notice/opportunity available to the land owner is notice under Form-1 under
Section 4(2) of the Act, we have no other option except to quash the
acquisition proceedings. The learned single Judge has not adverted to the
said aspect. Accordingly, the order dated 28.02.2002 passed in W.P.No.7743 of
2000 is set aside. The writ appeal is allowed. However it is made clear that
if the respondents so desire, they are free to initiate fresh proceedings in
accordance with law. No costs. WAMP No.2283 of 2003 is closed.
raa
To
1.The District Collector,
Salem.
2.The Special Tahsildar,
Adi Dravidar & Tribal Welfare,
Omalur, Salem District.