STATE OF TAMIL Vs. S. SHANMUGASUNDARAM

JUDGEMENT

(1.) This Intra-Court Writ Appeal has been preferred by the State, aggrieved by the Order passed by the Writ Court in W.P. No.95 of 2006 dtd. 20/4/2012.

(2.) The Writ Petition was filed seeking issuance of a Writ of Certiorarified Mandamus to quash the Proceedings, dtd. 18/12/1992 and to consequently forbear the Appellants herein from interfering with the peaceful possession and enjoyment of the Respondents, relating to Petitioner's house site property. The Writ Court found that on the date of repeal of The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 possession was with the Respondent/Writ Petitioner and on that ground allowed the Writ Petition.

(3.) The main ground of challenge to the order of the Writ Court, in the present Writ Appeal, is that the Department had taken possession of the property and all Statutory Notices had been served on the original Owner and therefore the repeal of the parent Act would not have any bearing.