S. M. Palanisamy v. Special Tahsildar, Adi-Dravida Welfare
2012-03-26
R.SUDHAKAR
body2012
DigiLaw.ai
Judgment 1. This Writ Petition is filed praying to issue a Writ of Certiorari, to call for the records on the file of the first respondent in proceedings number Na 16/84 dated 15.3.2002 and quash the same as illegal, incompetent and without jurisdiction. 2. The impugned proceedings is a notice informing the petitioner about the pendency of the earlier writ petition, the interim order and the act of the petitioner in selling the property pending acquisition proceedings. The proceedings also state that action will be taken in accordance with the provisions of the Land Acquisition Act. It is in the nature of an intimation to the petitioner. As and when appropriate action is taken, petitioner can always work out his remedies as per law. The writ petition filed challenging the communication stating that action will be taken cannot be a ground for this court to set aside the said proceedings at this stage. 3. As rightly pointed out by the respondents in the counter-affidavit in para 7, the petitioner can give his objection to the notice and appraise the authority that they have not followed the provisions of law. Para 7 of the counter-affidavit reads as follows:- "7.) It is submitted that the contention raised in grounds made in Para 6, A-E are not true and untenable. As per the instruction issued by the District Adi-dravida Welfare Officer's D.O. reference No.22651/02 T9 dated 4.6.02 the show cause notice was issued to the land owners on 15.3.2002. On receipt of the above notice no purchaser was given any objections regarding that." 4. In view of the above, this Court is not inclined to quash the impugned proceedings except giving liberty to the petitioner to submit his explanation to the said notice and deal with the matter thereafter in accordance with law. If no reply/explanation is given by the petitioner within a period of four weeks, the authorities are entitled to proceed in the matter as per law. 5. The Writ Petition is disposed of as above. No costs.