ALLIND METAL FABRICATORS PVT LTD Vs. SECRETARY TO GOVERNMENT REVENUE DEPARTMENT GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE Tamil Nadu Urban Land (Ceiling and Regulation) Act has been repealed by the repealing Act( Act 20 of 1999) and all pending proceedings also having been declared to have abated. As held by the Supreme Court in the case of Angoori Devi v. State of U.P., JT 2000 Supp 1(SC) 295, a decision by a Constitution Bench, if the possession of the land had not been taken prior to the repeal, such possession cannot be taken thereafter and no proceedings can be thereafter initiated under the repealed enactment. During the pendency of this writ petition the petitioner had the benefit of an interim order protecting his possession. It is also not the case of the respondents that they have taken possession.

(2.) THE writ petition is therefore allowed. THE W.M.P. is closed.