M.MUTHIAH PANDIAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) This writ petition has been filed to issue a Writ of Declaration, declaring the proceedings dtd. 30/3/1990 in Rc.No.491 of 1989 of the 3rd respondent herein as void and abated in view of the Tamil Nadu Urban Land Ceiling Regulation Repealing Act 20 of 1999.

(2.) The first deceased petitioner along with second petitioner have purchased the property to an extent of 0.65 acres comprised in Survey No.526/3, to an extent of 1.29 acres in Old Survey No.527/3 and New Survey No.527/3A and to an extent of 12 cents in New Survey No.527/3B by a registered sale deed dtd. 9/9/1999 from one Anbalagi, wife of Chockkalinga Nadar. From the date of purchase, they are in possession and enjoyment of the said property. In fact, after purchasing the said property, in respect of registration of sale deed, they were issued notice under Sec. 47-A of the Indian Stamps Act to pay deficit stamp duty. On payment of deficit stamp duty, the Registering Authority released the document. Thereafter, the petitioners applied for patta and came to understand that the subject land was notified under the Tamil Nadu Urban Land Ceiling and Regulation Act, 1978 (hereinafter called as "the Act"). Thereafter, they applied for information under Right to Information Act and came to understand about the impugned proceedings.

(3.) The learned counsel for the petitioners would submit that a notice under Sec. 7(2) of the Act was affixed which was addressed to one Tmt.Chellammal, wife of Chinnadurai, thereby calling upon her to file a return under Sec. 7(1) of the Act for the land comprised in Survey Nos.527/3, 526/3 situated at Kundrathur Village.