M.SAMPATH Vs. SECRETARY

JUDGEMENT

(1.) THE present writ petition has been laid for declaration that the petitioner is entitled to the benefit of Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 Act No.20 of 1999 insofar as the land measuring 14,600 sq.meter situated in Survey No.514, Perumbakkam Village, Sholinganallur, Kancheepuram District.

(2.) THE case of the petitioner is that one Lakshmi Ammal was the owner of the property in Survey No.514 consisting of 3.85 acres. She sold 3 acres of land to one Kallian on 29.9.1937 and the said Kallian sold the property to the petitioner by way of sale deed dated 11.7.1983. Rectification in relation to the survey number which was wrongly entered as Survey No.516 was rectified as 514 by Deed dated 4.11.2011. Though only 3 acres was purchased by the petitioner in 1983, the entire property of 3.85 acres was in the custody of the petitioner as the owner of the property. The legal heirs of Lakshmi Ammal executed a sale deed on 4.11.2011 for the remaining 85 cents also. While so, without taking proceedings properly under the Tamil Nadu Urban land (Ceiling and Regulation) Act, 1999, the respondents are trying to interfere with the petitioner's possession. Hence, the petitioner has come up with the present writ petition.

(3.) COUNTER affidavit was filed on behalf of the respondents wherein it is stated that proceedings right from Section 7(1) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 was taken and one of the owners received the notice. Thereafter, proceedings under Section 9(4) of the Act was taken. Since there was no objection, the Assistant Commissioner (ULT), Alandur inspected the property and found that the land is without any trees, Well and buildings. Hence, orders under Section 9(5) of the Act were passed on 31.10.1997 determining the excess vacant land as 14,600 sq.mts. and the same was served by affixure as the land owners were not residing in the Perumbakkam Village. Final statement under Section 10(1) of the Act was issued on 23.1.1998. It was also served by affixure in the presence of Village Administrative Officer, Perumbakkam Village. Further, a notification under Section 11(1) of the Act was issued on 28.7.1998 and published in Tamil Nadu Government Gazette No.35 dated 9.9.1998. Later, notification under Section 11(3) of the Act was issued on 12.10.1998. Finally, a notice under Section 11(5) of the Act was issued to the owners to surrender and deliver possession. The said notice was issued on 18.1.1999. As the address was not in the village, it was served by affixure on the land in question. After following due process of law, possession of excess vacant land was taken over and handed over to the revenue authorities well before Repeal Act came into force. Thus alleging, the counter affidavit sought for the dismissal of the writ petition.