IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-4-2009 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.393 of 2004 T.S.Sumathi .. Petitioner Versus 1.The District Collector, Vellore. 2.Land Acquisition Officer and Special Tahsildar, Adi Dravidar Welfare, Wallajah, Vellore District. 3.T.S.Ravi .. Respondents Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records in respect of impugned order dated 23.10.2003 made in award No.10/98-99 in pursuance of notice No.RCA 1052/98 dated 17/2/1999 issued by the second respondent and quash the same. For petitioner : Mr.A.Chandrasekar For RR 1 and 2 : Mr.V.Viswanathan Addl. Government Advocate For RR 3 : No appearance O R D E R This writ petition has been filed by the petitioner challenging the award No.10/98-99, dated 23.10.2003, passed by the second respondent in pursuance of the notice No.RCA 1052/98, dated 17.2.1999, in respect of the acquisition proceedings initiated, under Section 41 of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978, relating to the land, measuring about 1.25.0 Hectares of land in Survey No.652/1, 2, 3 and 5 in Thanigaipolur Village in Vellore District. 2.The main contention of the learned counsel appearing for the petitioner is that in spite of she being a legal heir of her father T.Sundarabashyam, the land acquisition proceedings had been initiated only against the third respondent, T.S.Ravi, who is her brother. Therefore, the land acquisition proceedings is in violation of the principles of natural justice, as well as the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Act, 1978. https://hcservices.ecourts.gov.in/hcservices/ 3.At this stage of the hearing of the writ petition, the learned counsel appearing for the first and second respondents have submitted that the writ petition filed by the third respondent, in W.P.No.29439 of 2003, had been dismissed by this Court, on 21.10.2003. 4.It has also been pointed out that in paragraph-6 of the counter affidavit filed on behalf of the second respondent, it has been stated that the second respondent had passed the Award No.10/98- 99, dated 08.03.1999, holding that the third respondent, T.S.Ravi, is the owner of the land in question, as found from the Revenue Records. The award amount of Rs.2,21,020/- is kept in a Revenue Deposit. It has also been stated that the petitioner is at liberty to make an appropriate claim, with regard to the award amount, by placing all the relevant records before the second respondent enabling him to conduct a proper enquiry and to pass necessary orders. 5.The learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the petitioner is permitted to make necessary claims before the second respondent, with regard to the amount of compensation lying in Revenue Deposit in respect of the land in question. 6.In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents 1 and 2, the petitioner is permitted to make a necessary representation along with the relevant records, if any, before the second respondent, with regard to her claim of her share in the award amount in relation to the land in question, within a period of 15 days from today and on receipt of such representation, the second respondent is to conduct an enquiry and to pass orders thereon, on merits and in accordance with law, after giving necessary opportunity to all the persons concerned, within a period of 12 weeks thereafter. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. sgl To 1.The District Collector, Vellore. 2.Land Acquisition Officer and Special Tahsildar, Adi Dravidar Welfare, Wallajah, Vellore District. + 1 CC to Mr.A.Chandrasekar,Advocate,SR.15751 + 1 CC to Government Pleader,SR.16412 Writ Petition No.393 of 2004 PVR(CO) EM/7.5 https://hcservices.ecourts.gov.in/hcservices/