THIRUVALLUVAR BRICK WORKS CHENNAI Vs. SECRETARY TO GOVERNMENT REVENUE DEPARTMENT GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE challenge in this writ petition is to the order passed in G.O.Ms.No.83 dated 10.02.2004 passed by the 1st respondent and to quash the same.

(2.) THE case of the petitioner is that he is the absolute owner of the property comprising the land and factory building situated at Noombal Village, Survey Nos.0/1,71/9, 72/7, 72/8, 73/1, 73/2 to 73/5 and 73/6.THE petitioner had applied to the Government for exemption of the aforesaid property from Urban Land Ceiling insofar as the said property was used for industrial purpose. THE Government granted exemption by G.O.Ms.No.958 Revenue Department dated 06.06.1990 initially for a period of 2 years and thereafter, the said exemption was extended on the application filed by the petitioner. THE petitioner was running an industry engaged in the manufacturing of bricks for several years and the land was used exclusively for the manufacture of bricks and factory was set up in the said land. THE Managing Partner of the petitioner Firm one P.Ganeshappa died on 02.03.1990 which resulted in slow down of the manufacturing operation. But the factory was in existence and it was working continuously.

(3.) THE learned senior counsel would also further contend that even assuming that there is any violation of the condition of exemption, in view of the admitted fact that the respondents have not taken the possession, they cannot now resort to the action of cancelling the exemption and assuming the possession of land at this stage, more particularly, in view of the Repealing Act, 20 of 1999.In support of his contention, the learned senior counsel would also place reliance on the following decisions:-