The District Collector and The Special Tahsildar, (Adi Draviear Welfare) vs A.V. Elli Chettiar

P. Sathasivam, J.—Aggrieved by the order of the learned single Judge dated 07.11.2002 made in W.P. No. 6347 of 1996, The District

Collector, Coimbatore and the Special Tahsildar, (Adi Draviear Welfare), Pollachi, have preferred the above writ appeal.

The respondent herein, aggrieved by the notice issued u/s 4(1) of the Tamil Nadu Acquisition of land for Adi-Dravidar Welfare Schemes Act,

1978(hereinafter referred to as ""the Act""), has approached this Court by way of W.P. No. 6347 of 1996. The second respondent therein, Special

Tahsildar, (Adi Draviear Welfare), Pollachi, has filed counter affidavit highlighting their stand.

The learned single Judge, after noting the contents in 4(1) notification and after finding that it is not known as to whether the acquisition is for Adi

Dravidars of Vettaikaranpudur or Odayankulam villages or both or any others and after holding that the same shows non application of mind by

the District Collector, Coimbatore, quashed the same and allowed the writ petition.

In the light of the reasoning of the learned single judge, we verified the notice issued u/s 4(1) of the Act, which is available at page 1 of the typed

set of papers. The learned Additional Government Pleader appearing for the appellants pointed out that the first three lines mentioned in that notice

amply show the purpose for which the lands were sought to be acquired. Though the details of the lands were specifically stated in the schedule,

while describing the purpose, the first respondent has not specified for whose purpose the lands were sought to be acquired. In a matter like this,

particularly, in view of the limited provisions in the Tamil Nadu Land Acquisition Act, the notice/notification/proceeding must satisfy the public

purpose with reference to a particular person or persons or villagers etc. This defect was rightly pointed out by the learned single Judge and

concluded that the said defect in the notification u/s 4(1) of the Act vitiates the acquisition proceedings. In the light of the lacuna in 4(1) notification,

we agree with the conclusion arrived at by the learned single Judge. The learned single Judge has allowed the writ petition and quashed the

acquisition proceedings, has not granted permission to the District Collector, Coimbatore and the Special Tahsildar, (Adi Draviear Welfare),

Pollachi, Pollachi Taluk to proceed afresh after complying with the provisions of the Act. Accordingly, we confirm the order of the learned single

Judge. However, It is made clear that if the appellants so desire, they are free to proceed afresh after following the provisions of the Act.

With the above observation, the writ appeal is dismissed. No costs.