GOVERNMENT OF TAMIL NADU Vs. NANDAGOPAL

JUDGEMENT

(1.) Both these appeals arise out of a common order passed in W.P.Nos.2834 and 2837 of 2002, dated 25.4.2005 filed by the respondents.

(2.) The land comprised in Survey Nos.402/4B (300 sq.mts), 402/4H (750 sq.mts), and 402/4J (4200 sq.mts) stood registered in the name of one Thiru N.Nandagopal and the lands remained vacant. On the ground that holding of the land was more than the ceiling limit allowable to a family, action under the provisions of the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978, (hereinafter referred to as the "Act") was initiated by issuance of notice under Section 7(2) of the Act. Objections were raised and ultimately the proceedings culminated into one of issuance of notice dated 27.4.1999 under Section 11(5) of the Act. With the grievance that on the date when the Act was repealed viz., 16.6.1999, the possession of the land in question was not taken in the manner known to law, the respondents approached this Court by contending that the proceedings initiated shall lapse after the Act had come into force and the writ petitions were allowed by following the judgment reported in (Allind Metal Fabricators Pvt. Ltd., vs. The Secretary to Government, Revenue Department, Government of Tamil Nadu, Madras, 2002 2 CTC 716).

(3.) As against the above common order dated 25.4.2005, the above appeals have been filed by the State. According to Mr.M.Dhandapani, learned Special Government Pleader, the symbolic possession of the land in question was taken on 15.6.1999, which was one day prior to the date of the Repealing Act, viz., on 16.6.1999. In the event possession is taken, the question of placing reliance on the Repealing Act does not arise and therefore, the learned Judge is not correct in placing reliance over a judgment, which related to a case, where possession was admittedly taken prior to the Repealing Act.