STATE OF TAMIL NADU Vs. M.S. VISWANATHAN

JUDGEMENT

(1.) The State of Tamil Nadu and the officials in the Department of Urban Land Ceiling have come up with the above appeals challenging, (i) an order of the Division Bench of the Madras High Court dismissing an intracourt appeal; and (ii) the subsequent order of the Division Bench refusing to condone the delay in seeking review of the original order.

(2.) We have heard Mr. Sanjay R. Hegde, learned senior counsel for the appellantState, Mr. E.C. Agrawala, learned counsel appearing for the respondents and Capt. R. Balasubramanian, learned senior counsel for the party seeking intervention.

(3.) The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (hereinafter referred to as the 'Act') came into force partly on 28.03.1978 and was deemed to have come into force partly on 03.08.1976. One Smt. Nagarathinam Ammal wife of Sambanda Mudaliar, residing at No.29, Appu Mudali Street, Mylapore, Chennai4, who owned two parcels of land, one measuring 2428 sq.mts in survey No.279/2 and another measuring 7810 sq.mts in Survey No.279/5 in Kottivakkam Village, filed a return under Section 6(1) of the Act on 20.09.1976. Thereafter, she applied for exemption under Section 19 of the Act on 26.02.1977 in respect of the excess vacant land, but the Government turned down the request vide letter dated 10.01.1978.