1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.A.(MD).No.479 of 2011 and M.P.No.1 of 2011 1.Alwin Raja 2.G.Tamilselvi 3.J.Vijaya : Appellants Vs. The District Collector, Thoothukudi District, Thoothukudi. : Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 07.03.2011 made in W.P.(MD).No.12194 of 2010 on the file of this Court. Prayer in W.P.(MD).No.12194 of 2010: Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned notification bearing No.E2/96232/07 dated .08.2010 issued by the respondent and quash the same. For Appellants : Mr.G.R.Swaminathan JUDGMENT [Judgment of the Court was delivered BY K.SUGUNA, J] This Writ Appeal is filed as against the order dated 07.03.2011 made in W.P.(MD).No.12194 of 2010. 2. The said Writ Petition was filed challenging a notification dated 23.08.2010 issued by the respondent herein under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1977, [hereinafter referred to as "the Act"]. The learned Single Judge of this Court, by order dated 07.03.2011, had dismissed the said Writ Petition on the ground that what was under challenge in the Writ Petition was only a show cause notice issued to the appellants. As against the said order, the present Writ Appeal is filed. 3. According to the learned counsel appearing for the appellants, only for industrial purpose, the land can be acquired under the Act. However, as far as the expansion of Airport is concerned, it would not come under the Act, and therefore, the ground on which the Writ Petition was dismissed is unsustainable. 4. As rightly held by the learned Single Judge, what was under challenge in the Writ Petition was only the show cause notice issued to the appellants and they can very well submit their objections to https://hcservices.ecourts.gov.in/hcservices/ 2 the show cause notice and the respondent is duty bound to consider the same and pass orders. Therefore, the Writ Appeal, in our considered opinion, is premature. However, the appellants are given two weeks time, from the date of receipt of a copy of this order, to submit their reply to the show cause notice dated 23.08.2010 and the respondent is directed to consider the same and pass orders. With this, the Writ Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar(Accounts) /TRUE COPY/ Assistant Registrar To The District Collector, Thoothukudi District,Thoothukudi. JUDGMENT MADE IN W.A.(MD).No.479 of 2011 17.06.2011 NB PA/29.06.2011/2P/2C https://hcservices.ecourts.gov.in/hcservices/