N SEETHALAKSHMI Vs. SECRETARY TO GOVERNMENT, COMMISSIONER OF LAND REFORMS, ASSISTANT COMMISSIONER OF URBAN LAND TAX AND TAMIL NADU SLUM CLEARANCE BOARD

JUDGEMENT

(1.) Heard both sides.

(2.) In this writ petition, the Petitioner challenges the G.O. Ms. No. 254 Revenue (Urban Land V2) Department, dated 22.03.2006 and for consequential direction, directing the Respondents from interfering with her peaceful possession and enjoyment of the properties in Survey Nos. 693/2 and 696/3 and measuring of an extent of 0.54.5 hectares and 0.55.0 hectares in Kulavanigarpuram, Palayamkottai Taluk, Tirunelveli District.

(3.) The lands in survey Nos. 693/2 and 696/3 and 703/1A, of an extent of 1.49.50 hectares situate in Kulavanigarpuram, Palaymkottai, Tirunelveli District, belongs to the joint family of Late L. Nambi Srinivasan, who was the husband of the Petitioner herein. As the land owner was holding land in excess of the holding as per Tamil Nadu Urban Land (Ceiling & Regulation) Act 1978, herein after called as Act, proceedings were initiated for acquisition of the excess land over and above the ceiling limit and according to the Petitioner, the Petitioner is in possession of the excess lands, even though, the order was passed under Section 11 of the Act, declaring an extent of 0.54.0 hectares and 0.55.0 hectares in Survey Nos. 693/2 and 696/3 as excess. It is further stated that the authorities under the Urban Land (Ceiling & Regulation) Act, also levied the tax on the independent holding of Late L. Nambi Srinivasan, treating the Petitioners as holding the entire extent of 1.49.50 hectares and that was challenged by the Petitioner before the appropriate authorities and that was negatived by the authority and against that, the Petitioner filed appeal to the 2nd Respondent, which was also rejected and therefore, the Petitioner filed W.P. No. 442 of 2001, on the file of the Principal Bench of this Court and the said writ petition was disposed of on 19.01.2007 holding that in view of the Repealing Act, the action taken by the Respondents 2 and 3 are liable to be set aside and the 3rd Respondent was directed to treat the matter afresh in the light of the Repealing Act 20/1999. The Petitioner also filed W.P.(MD) No. 2834 of 2006 before this Court for a writ of mandamus, directing the 3rd Respondent to handover the lands in survey Nos. 693/2 and 696/3 and in that writ petition also it is alleged by the Petitioner that they are in possession of the property and the actual possession of the land was not taken as per Section 11(3) of the Act. As per the judgment rendered in W.P. No. 442 of 2001, the 3rd Respondent issued statutory notification on 28.03.2007 and 08.09.2008 and the Petitioner also filed objections and the matter is pending before the 3rd Respondent. At that time, the 4th Respondent's officials started doing some earth work in the lands and on enquiry, the Petitioner came to know that the lands, which are declared surplus as per the provisions of the Act, of an extent of 0.54.5 hectares and 0.55.5 hectares in Survey Nos. 693/2 and 696/3 in Kulavanigarpuram, Palayamkottai, Tirunelvelli District, were assigned to the 4th Respondent by the G.O. Ms. No. 254, Revenue Department, dated 22.03.2006 and on that basis, they are taking action and hence, the writ petition filed for the relief prayed for.