JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records pertaining to the order passed by the 1st respondent in his proceedings Na.Ka.21477/2009/A3 dated 20-09-2011 and quash the same.)

1. The order passed by the first respondent dated 20.09.2011, cancelling the Priority Certificate for employment is under challenge in the present writ petition.

2. The writ petitioner made a submission that the writ petitioner and 10 others joined together and purchased the agricultural land in N.Pudupatty Village through Sale Deed dated 21.05.2007. All the said purchasers (writ petitioner and some others) were unemployed graduates and stated that they were not having sufficient fund. Thus, they have joined together and purchased the land. The Acquisition proceedings were initiated in the year 2006 by the Adi Dravidar and Tribal Welfare Department for providing house site to the landless Adi Dravidars in that locality. The petitioner participated in the land acquisition proceedings as he purchased the land in the year 2007. Based on the acquisition, the petitioner along with other purchasers obtained a Priority Certificate from the Tahsildar for the purpose of getting priority in Government appointments.

3. On enquiry, the respondents found that some fraud had been committed for the purpose of obtaining Priority Certificate. For getting public employments, the said Priority Certificate issued was cancelled by the first respondent / District Collector. The writ petitioner filed W.P.No.17571 of 2009, challenging the cancellation order cancelling the Priority Certificate. The writ petition was dismissed on 06.11.2009 and W.A.No.1875 of 2009 was filed and the writ appeal was remanded back for fresh hearing on the ground that the petitioner was not provided with an opportunity or show cause notice. Thus, the first respondent issued notice to the writ petitioner and other persons to appear for an enquiry and an enquiry was conducted on 18.07.2011. After conducting enquiry, the first respondent/District Collector passed the impugned order in proceedings dated 20.09.2011, cancelling the Priority Certificate.

4. The learned counsel for the petitioner made a submission that the petitioner along with 10 others purchased the land and the sale deed was properly executed. Based on the acquisition proceedings, the Priority Certificate for employment was issued and there was no infirmity. Thus, the writ petition is to be considered.

5. The learned Additional Government Pleader appearing on behalf of the respondents objected the contentions raised by the petitioner by stating that during the year 2009, it was brought to the notice of the District Administration that several persons have obtained postings based on priority certificates issued by the Revenue officials against the principles enunciated in G.O.Ms.188, Personal and Administrative Reforms Department dated 28.12.1976 and G.O.Ms.324, Revenue Department, dated 18.03.1986. There were complaints from many unemployed graduates and representations also submitted by the public about the illegal activities, securing public employment by obtaining priority certificate in a fraudulent manner.

6. The Government acquires land for public purpose, after observing statutory formalities. Thus, the preferential treatment in the matter of employment is granted to the members of the family, whose lands have been acquired for Government purposes. In respect of the priority certificate obtained by the petitioner and other persons, who have involved in such illegal activities, the Revenue Divisional Officer, Namakkal, was requested to send factual reports on the substance of the allegations raised. According to the report, (i) 27 persons had obtained 'Priority Certificate' from the Special Tahsildar (ADW) and 11 persons got this 'Certificate' from the Tahsildar, Namakkal as if they lost their substance of income due to Land Acquisition process