V JAYESH SANGHAVI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner filed this writ of certiorarified mandamus in calling for the records of the third respondent dated 19.8.97 in Ref.S.R.Na.Ka.2350/97/D and the notice dated 29.12.1998 in Ref.Rc.2350/97/D as per Section 11(5) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 in respect of land in Survey No.66/2A of Nemilichery Village, Sriperumbudur Taluk and to quash the same and also to direct the respondents to treat the proceedings acquiring the above land as abated under Section 4 of Act 20 of 1999.

(2.) THE petitioner had purchased an agricultural land measuring 31 cents in Survey No.66/2A of Nemilichery Village, Sriperumbudur Taluk from one Sri Baktavatsalam and his son Venkatesan as per sale deed dated 12.12.1990. He obtained patta as early as 31.01.1991 and his name was incorporated in revenue records like patta, chitta and adangal. He was in possession and enjoyment of the property absolutely in his own right without any interference from anyone.

(3.) ACCORDING to the petitioner, the notice as per Section 9(4) and draft statement as per Section 9(1) of the Act could not be served on the land owner personally and all notices under the Act ought to be served by the Registered Post Acknowledgement Due as per Rule 8 of the relevant rules and failure to follow this mandatory provision vitiates the order of acquisition in the eye of law.