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Judgment
Vinod K. Sharma, J.—The Petitioner prays for issuance of a Writ in the nature of Certiorari to quash the notification dated 13.10.1997
issued u/s 4(1) of the Tamil Nadu Acquisition of Lands for Harijan Welfare Scheme Act(hereinafter called as the ""Act"").
The Petitioner is the mortgagee, who is in possession of land comprised in S.F. No. 213/5, Uppliapuram, Thuraiyur Taluk, Trichy District. The
property was under the ownership of one Poochammal, who mortgaged it to the father of the Petitioner vide registered mortgage deed, dated
17.07.1944, which according to the Petitioner was not redeemed within the period of limitation.
According to the Petitioner, the mortgagee rights of the Petitioner matured
The Respondent issued a notification u/s 4(1) of the ""Act"" to
The only ground of challenge is that notification issued u/s 4(1) of into ownership. acquire the Land of the Petitioner for building house-sites and
houses for Harijans. the ""Act"" is issued in violation of statutory provisions as no objections as envisaged u/s 4(2) of the Act were invited from the
persons interested before acquiring the land.
Section 4 of the Tamil Nadu Acquisition of land to Harijan Welfare Scheme Act, reads as under:
Power to acquire land.--(1) Where the District Collector is satisfied that, for the purpose of any Harijan Welfare Scheme, it is necessary to
acquire any land, he may acquire the land by publishing in the District Gazette a notice to the effect that he has decided to acquire the land in
pursuance of this section.
(2) Before publishing a notice under Sub-section(1), the District Collector or any officer authorised by the District Collector in this behalf shall call
upon the owner or any other person, who, in the opinion of the District Collector or the officer so authorised may be interested in such land, to
show cause why it should not be acquired.
(3)(a) The District Collector may, where he has himself called upon the owner or other person to show cause under Sub-section(2) pass such
orders as he may deem fit on the cause so shown;
(b) Where any officer authorized bythe District Collector has called upon the owner or other person to show cause under Sub-section(2) the
officer so authorised shall make a report to the District Collector containing his recommendations on the cause so shown for the decision of the
District Collector. After considering such report, the District Collector may pass such orders as he may deem fit.
The learned Additional Government Pleader appearing for the Respondent/State, has opposed the Writ petition by contending, that the
Petitioner has earlier approached the Civil Court, therefore, the present writ petition is not competent.
It is however not disputed that no notice u/s 4(2) of the Act was issued before issuing notice u/s 4(1) of the Act.
The contention of the learned Additional Government Pleader appearing for the Respondent/State, cannot be accepted, as the suit filed by the
Petitioner was for injunction only and it was dismissed only on the ground that the remedy with the Petitioner was to file objections as and when
notice u/s 4(2) of the Act is issued.
A reading of Section 4 of the ""Act"", clearly shows that no notification u/s 4(1) can be issued, unless objections are invited u/s 4(2) of the Act
and considered by the District Collector.
The impugned notification therefore is in violation of the statutory provisions, which cannot be sustained.
Consequently, the Writ petition is allowed, the impugned notification issued u/s 4(1) of the Tamil Nadu Acquisition of Land to Harijan Welfare
Scheme Act is quashed.
However, it would be open to the authorities to proceed in accordance with law afresh, in case, land is needed for public purpose i.e., for
building house-sites for the Harijans. No costs.