ADI DRAVIDA ADI ANDHRA WELFARE ASSOCIATION REP BY ITS PREMPLOYEES STATE INSURANCE CORPORATIONDENT, M P SATHYA Vs. THANGAVELU UDAYAR

JUDGEMENT

(1.) In all these cases, the Aadi Dravidar Aadhi Andhra Welfare Association have challenged the proceedings of the Government and the order passed by the learned single Judge in favour of the first respondent/M/s. Tata Iron and Steel Company with respect to their land.

(2.) The first respondent had purchased 129 grounds and 563 square feet in R.S. No. 1848 of Tondairpet Village. The Government of Tamil Nadu enacted Tamil Nadu Urban Land (Ceiling and Regulation Act) 1978 (hereinafter referred to as 'the Act'). After the Act came into force, it is the case of the first respondent, due to inadvertence, they filed their statement under Section 7(1) of the Act based on which the competent authority proposed to acquire an extent of 28315 sq.mts out of the total holdings as if the 1st respondent was holding excess land over and above the ceiling limit prescribed under the Act. The first respondent filed objection for the proposed acquisition. Overruling the said objection, the Competent Authority and the Assistant Commissioner of Urban Land Tax, Tondairpet in the order dated 21.9.1982 declared that the particulars already furnished in the draft statement under Section 9(1) of the Act are correct and do not require any modification and consequently ordered that the final statement under Section 10(1) of the Act be issued treating the land as urban land and the extent of 28315 sq.mts as excess vacant land in excess of the ceiling limit prescribed under the Act. The first respondent preferred an appeal to the Commissioner for Land Reforms, Chepauk, Chennai under Section 33(1) of the Act. The Appellate Authority in the order dated 6.12.1983 set aside the order of the Competent Authority and remitted back the matter for fresh disposal under Section 10(2) of the Act. Subsequently, in the order dated 16.8.84, the Competent Authority declared that the said property was not the land in excess of the ceiling limit reported and recommended that the excess land may be declared as such. In the meanwhile, the Government of Tamil Nadu in G.O.Ms. No. 1538 dated 18.8.1988 ordered exemption, but on certain conditions. Challenging the said conditions imposed in the order dated 18.8.1988, the first respondent filed writ petition in W.P. No. 16134 of 1988. The learned Judge in the order dated 14.7.1998 set aside the Government Order and remitted the matter back to the Government for fresh disposal. Against the order of the learned Judge dated 14.7.1998, the Association has filed a writ appeal in W.A.SR. No. 16589 of 2002, which is yet to be numbered with a petition to grant leave to file such a writ appeal.

(3.) The Association filed writ petition in W.P. No. 23026 of 2001 seeking to issue a Writ of Mandamus forbearing respondents 1 and 2 from dealing with the land comprised in R.S. No. 1848 of Tondairpet Village without obtaining necessary permission from the Government of Tamil Nadu and issue suitable directions to the Government to initiate action against respondents 1 and 2 for having failed to comply with the terms and conditions imposed in the grant of exemption for the use of the land comprised in R.S. No. 1848 either in whole or at any rate to the extent of excess land exempted for use by the first respondent for its industrial purpose only.