HARIPRIYA RAYANINGAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) ON the basis of a Will executed by Rangamma Gayathiri Devi probated by this Court in O.P.No.175 of 2009 the petitioner's sisters and brother of the testatrix claiming to be the beneficiaries of the will, have filed the present writ petition for a declaration that they are entitled for restoration of ownership of the lands measuring an extent of 641 sq.mts comprised in Survey No.3847 of 1996, Block 76 in Senatop Road, 2nd lane, Chennai, in terms of sub section 3(2) and (4) of the Repeal Act, 1999 and sought for a further direction to the petitioners permitting them to repay the compensation, what ever paid by the respondents with interest and to abate all proceedings prior to the date of Repeal Act i.e., 16.06.1999.

(2.) THE submissions of the contesting parties are summarised as follows:

(3.) THE petitioner's sister, late Rangamma Gayathri Devi, on her part kept her word and more than that, by a Deed of Gift dated 09.02.1988 and a Rectification Deed dated 13.05.1988(Registered as Documents No. 168 and 527 of 1988 respectively), gifted to the Corporation of Madras, a total of 853.5 Sq.m. of land for the use of passage. She also paid Rs.47,544/- to the Corporation of Madras as fees. However the second respondent did not ensure compliance with his own order by taking actual physical possession of the land legally in accordance with the provisions of the Principal Act, its preamble and Rule 23.6 of THE Tamil Nadu Urban Land (Ceiling and Regulation) Rules, 1978, when they were in force.