T.A. VENKATESAN, Vs. THE GOVERNMENT OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, MADRAS,

JUDGEMENT

(1.) All these writ petitions are filed praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order of the fourth respondent/the Assistant Commissioner, Urban Land Tax, Kancheepuram District in Na.Ka.No.1638/98, dated 28.2.2000 in W.P.Nos.5417 to 5437 of 2000 and dated 31.3.2000 in W.P.Nos.6318 to 6327 of 2000, quash the same and forbear the respondents from in any manner interfering with the petitioners' peaceful possession and enjoyment of their respective properties.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the case of the petitioners in all the above writ petitions is that the properties in S.No.611/1 originally belonged to one Govindammal and the properties in S.No.611/2 belonged to one Kanniappa Naicker and from the said original owners, one T. S. Ananthanarayana Deekshadar purchased the lands comprised in S.No.611/1 part and S.No.611/2 part measuring a total extent of 64 cents; that from out S.No.611/1 part, which fell to the share of one of the sons of the said Govindammal by name Bakthavatsala Naidu, he sold the same to V.G.P.Housing Pvt.Ltd. On 31.8.1978 and the said V.G.P. Housing Pvt.Ltd. In turn sold the property to M/s.Venu Naidu and his sons by 22.8.1980, who sold this land plotting out the same to different persons like petitioners in W.P.Nos.6318 to 6327 of 2000; that the said Ananthanarayana Deekshadar submitted returns before the fourth respondent for exemption from Urban Land Tax for the faslis 1382 to 1384 and the fourth respondent by proceedings 196/1385, dated 31.1.1980, ordered that the lands comprised in S.No.611/1 and 611/2 measuring 65 cents and 61 cents respectively do not come under the purview of the Urban Land Tax Act; that thereafter the said Ananthanarayana Deekshadar sold different extents of land to all the petitioners, except to the petitioner in W.P.No.5417 of 2000, who is none other than the son of the said Ananthanarayana Deekshadar and who is alleged to have become entitled to the property of his father after his death on 26.12.1979 in a partition between himself and his bothers and this is only a part of the properties and the other part having been sold to different purchasers by his deceased father himself to other petitioners in all the writ petitions; that all the purchasers from the said Deekshadar were also granted pattas and they also constructed houses obtaining planning permission from the Madras Metropolitan Development Authority, through the Commissioner, St.Thomas Mount Panchayat Union.

(3.) The petitioners would further submit that when the matter stood thus, the fourth respondent by the impugned order, in a cyclostyled manner, has stated that the petitioners have encroached into the lands which have been declared 'surplus' under the provisions of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 and in spite of the lands having been acquired under the said Act, the petitioners have purchased the lands and have entered into the lands illegally. In the impugned order, the 4th respondent has further stated that even though the Government could evict the petitioners, since it came to be known that the petitioners have purchased the lands in ignorance of the statutory provisions of law, the Government is desirous of allotting the said lands in favour of the petitioners on payment of such amounts determined by the Government and called upon to convey their consent within a period of 15 days failing which the lands would be allotted to third parties without reference to the petitioners' possession. In the penultimate paragraph of the order, the 4th respondent further stated that though the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 has been repealed, still, by the saving provision adequate safeguards have been made to allot the vacant sites which have already been acquired as surplus lands in favour of any one as the Government is willing to do, since the said lands have been declared 'surplus', the Government is entitled to allot the same at its discretion and has relied upon a Government Order in G.O.Ms.No.649, Revenue dated 29.7.1998.