A DHURVASALA Vs. COLLECTOR VELLORE DISTRICT

JUDGEMENT

(1.) The above writ petition has been filed praying to issue a Writ of Certiorari to call for the records of the first respondent pertaining to the impugned notice published in the North Arcot Ambedkar District Gazette (Extraordinary), dated 14.3.1997 in respect of S.Nos.12/1, 12/2 and 402/2 situate at Sithambadi village, Arakonam Taluk, Vellore District and quash the same.

(2.) The case of the petitioner is that in Sithampadi village, there is a lake known as `Sithampadi Periya Eri', which is the source of irrigation for several hundreds of acres; that the lake water is carried through a channel in S.Nos.398,399 and 400 and when an attempt was made to obliterate the channel and convert it into a road, the petitioner objected the same and thereafter filed a writ petition in W.P.No.111 of 1996 before this Court and it is pending; that thereafter the 2nd respondent issued a notice in Form-I under Rule 3(1) stating that his lands along with certain other lands were required for the purpose of forming a link road to Sithampadi Mattu Colony, for which he submitted his objections, but, without giving any reply, suddenly, the second respondent issued a notice in Form-III to the petitioner on 8.1.1998.

(3.) Contending that without following the procedures established by law, the second respondent has issued the impugned notification under Section 4(1) of the Land Acquisition Act and further submitting that there is already a road linking the Harijan Colony and as such there was no need to form another road, the petitioner has come forward to file this Writ Petition.