1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8059 of 2011 and M.P(MD)No.1 of 2011 Gomathi Sankar .. Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Special Tahsildar, Harijan Welfare Scheme, Sivagangai. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order, dated 24.06.2011 in Na.Ka.427/11 (m) passed by the second respondent and quash the same and consequentially forbearing the first respondent from acquiring the lands of the petitioner in Survey Number 460/3D 3B and 460/3E3, Keelarangiyam Village, Melarangiyam group, Manamadurai Taluk, Sivagangai District pursuant to the show cause notice, dated 18.05.2011 and the impugned order dated 24.06.2011. For Petitioner : Mr.T.R.Jeyapalam For Respondents : Mr.TR.Janarthanam, Additional Govt. Pleader O R D E R This Writ Petition has been filed to quash the impugned order, dated 24.06.2011 in Na.Ka.427/11 (m) passed by the second respondent and consequentially direct the first respondent forbearing from acquiring the lands of the petitioner in Survey Number 460/3D 3B and 460/3E3, Keelarangiyam Village, Melarangiyam group, Manamadurai Taluk, Sivagangai District, pursuant to the show cause notice, dated 18.05.2011 and the impugned order dated 24.06.2011. 2. Heard Mr.T.R.Jeyapalam, learned counsel for the petitioner and Mr.TR.Janarthanam, learned Additional Government Pleader, who takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. By consent, the Writ Petition itself is taken up for final hearing. 4. This Writ Petition is filed challenging the order passed by the second respondent in acquisition proceedings initiated under the Tamilnadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamilnadu Act 31 of 1978) and the second respondent has issued a show-cause notice under Section 4(2) of the Act, on 18.05.2011. The petitioner has given his objections on 03.06.2011 following the lawyer notice sent by him. However, the second respondent without following the provisions of Section 4(3) (b) of the Act, where the power is given to the District Collector to pass appropriate orders on the show case notice, has himself taken up the duty to reject the representation. The statutory provision does not provide the second respondent the authority to reject the representation and the District Collector alone is competent to pass appropriate orders in terms of Section 4(3) (b) of the Act. 5. In view of the above, the impugned order of the second respondent, dated 24.06.2011 is quashed with liberty to the District Collector to proceed in this matter in accordance with law. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai. 2.The Special Tahsildar, Harijan Welfare Scheme, Sivagangai. +1 CC to Special Government Pleader (SR.No.23927) W.P.(MD)No.8059 of 2011 20.07.2011 pm NSV/1.8.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/