P. KALYANASUNDARAM Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Petitioners, who are three in number, have challenged the proceedings initiated by the second respondent under the provisions of the Tamil Nadu Urban Land (Ceiling and Regulation) Act , 1978 (the Act for brevity) commencing from the order passed under Section 9(5) of the Act culminating in the notice under Section 11(5) of the Act.

(2.) The first petitioner is the father of petitioners 2 and 3. The case of the first petitioner is that he purchased an extent of 53 cents of agricultural land from out of the total extent of 1.59 acres in S.F.No.230/1, Velacherry Village by a sale deed dated 15.7.1981 executed by one Smt.Beulah Sheela represented by her power of attorney agent one Mr.R.Palaniswami, registered as Doc.No.2727 of 1981 on the file of Joint Sub-Registrar-II, Saidapet. The case of the first petitioner is that after he purchased the property in question, patta No.403 was granted by the third respondent in his favour during fasli 1398 (1988-89).

(3.) The first petitioner appears to have settled the property in question in favour of petitioners 2 and 3 by way of a settlement deed dated 03.5.2006 registered as Doc.No.2097 of 2006 on the file of the Sub-Registrar, Velacherry. After the said settlement dated 03.5.2006, petitioners 2 and 3 executed a deed dated 13.7.2007 in favour of the first petitioner, registered as Doc.No.4823 of 2008 on the file of the Sub-Registrar, Velacherry settling half share out of the said 53 cents. Based on that, the first petitioner states that he is the owner of 26.5 cents and petitioners 2 and 3 are the joint owners of the remaining extent of 26.5 cents.