GOVERNMENT OF TAMIL NADU Vs. T. RAJENDRAN

JUDGEMENT

(1.) This Writ Appeal has been directed against the order of a learned single Judge dated 29.04.2019 passed in W.P.No.12959 of 2015, by which the Writ Petition was allowed and the impugned proceedings of the third Appellant in Ref.No.SR.459/97-A, dated 24.08.1998 in respect of the respondents land in S.No.138/1B of an extent of 1900 sq.mts or (20,691 sq.ft) situated in Karapakkam village No.117, (presently Village No.147) Tambaram Taluk, Kanchipuram District was set aside.

(2.) The short facts which led to this appeal originated from the notice dated 27.1.1997 issued under Section 7(2) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (hereinafter referred to 'the Act') in respect of a land measuring to en extent of 1900 sq.mts. belonging to the respondent herein and situated in Karapakkam village No.117, Tambaram Taluk, Kanchipuram District.

(3.) According to the Appellant the said property has been taken possession subsequent to the notice and through the impugned proceedings. But the respondent would contend that no subsequent action has been taken to his knowledge after the notice was issued. Only when he approached a financial institution for raising a loan during the year 2005 for building a house in the said property, the bank asked him to produce a computerized patta. When he approached the Revenue Authorities for grant of patta, he was informed that an extent of 1900 sq.mts. of land out of 2400 sq.mts. has been declared as surplus and to that effect, the revenue records have been mutated in favour of the Government. Thereafter the respondent got the information under R.T.I Act and learnt that no action whatsoever was taken except the above mentioned notice.