Judgment :- Thanikkachalam, Acg. C.J. The writ petitioner is the appellant herein. The writ petitioner filed the writ petition for issue of a writ of certiorarified mandamus, calling for the records relating to the order passed by the first respondent/District Collector, Tirunelveli, Kottabomman district, in No.Ka.No. Pol. 16133/97, dated 12. 1997 and quash the same. The District Collector/first respondent passed on order, dated 12. 1997, based on the report filed by the Tahsildar. Before the Tahsildar, the writ petitioner appeared and also gave his written submission. According to the writ petitioner, he has got no other land, except the land under acquisition. It was also represented that in the land there are coconut yielding trees as evidenced by the adongal record, for the year 1996. Therefore, according to the counsel appearing for the appellant herein, without giving on opportunity to establish her case, the Collector passed the order on the basis of the report filed by the Tahsildar. We have also beard the learned Government Advocate on this aspect. Considering the fact that the appellant herein was not given an opportunity before passing the order by the Collector we set aside the order dated 12. 1997 passed by the first respondent and direct the District Collector, first respondent herein, to pass an order in the above matter, after giving an opportunity of being heard to the appellant herein/petitioner in the writ petition. Accordingly the order passed in the writ petition is set aside and the writ appeal is allowed. No costs. 2. C.M.P. No.5316 of 1997: Since the main case writ appeal itself is allowed, the above C.M.P., is dismissed as unnecessary.