SURI INDUSTRIES Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Advocate for the respondents.

(2.) THIS writ petition is filed for a declaration that all proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 in respect of the lands to an extent of 3541 Sq.Meters belong to the petitioner concerned situated at T.S. No. 15/28 BK 2 of Alandur Village, Saidapet Taluk, corresponding to plot No. 7 (NP) Development plots, Guindy, Ekkaduthangal, Chennai 91 as illegal and non est in law, since the same stands abated consequent to the repeal of the Principal Act by the Tamil Nadu Urban Land (Ceiling and Regulation) Repealing Act, 1999 and also for a direction that the petitioner is entitled to deal with the said lands as their owner.

(3.) IT is not in dispute that under the original Act, Section 21 (2) enabled the Government to withdraw the exemption granted for violation of the said conditions. Admittedly, during the time when the Act was in force, the Government has not taken any steps for withdrawing the exemption granted in favour of the petitioner for any alleged violation. IT is relevant because in the counter affidavit filed by the respondent, it is stated that the petitioner has not complied with the conditions with which the exemption came to be granted on 21.2.1994 in the sense that the petitioner has not submitted the periodical progress report as required as per the terms of the exemption, namely once in three months. The said Act came to be repealed by the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999. Section 3 of the said Repeal Act reads as follows: