K BALASUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr.M.Gnanasekar, learned counsel for the petitioners and Mr.S.Gopinathan, learned Additional Government Pleader for the respondents.

(2.) THE writ petition has been filed praying for issuance of a Writ of Declaration declaring the action of the third respondent in nor registering the Preference Certificate furnished by the petitioners as illegal and arbitrary and consequently, direct the third respondent to register the Preference Certificate and sponsor the name of the petitioners by giving due preference to the Preference Certificate furnished by the petitioners and subsequently, the prayer was amended as per Court order dated 08.08.2008 in M.P.No.2 of 2008 in W.P.No.14917 of 2008 in the nature of Writ of Certiorari by calling for the concerned records relating to a letter No.A3/1837/06 dated 14.05.2007 passed by the third respondent and quash the same.

(3.) LEARNED counsel for the petitioners in his submission has consistently contended that the petitioners were the land owners and their lands were acquired for the purpose of public distribution to use as house sites. Land Acquisition Certificates were issued by the Competent Authority, namely, the Special Tahsildar (ADW) by mentioning therein that the petitioners were entitled to get the preference in the matter of public employment as per the Government order. He would further contend that unless or until the certificates issued by the Special Tahsildar are cancelled by the higher authority, it is obligatory on the part of the third respondent to register the same and he need not act on the instructions given by the second respondent. It is submitted by the learned counsel for the petitioners that without any notice to the petitioners and affording an opportunity of hearing, the third respondent refused to register the certificates based on the second respondent's communication, which is not even furnished to the petitioners. In support of his contention, learned counsel for the petitioners has produced a copy of the order of this Court made in W.P.No.32675 of 2007 dated 11.10.2007, wherein, this Court has directed to consider the claim of the petitioner in respect of registering the name in the Employment Exchange.