NEPC INDIA LTD Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The unsuccessful Writ Petitioner before the Writ Court is the Appellant in the Writ Appeal No.1821 of 2011. The Appellant instituted another W.P. No.15230 of 2002, challenging the Government Order issued in G.O.Ms. No.595 Revenue, dtd. 8/12/1998, and the Letter (Permanent) No.497 Revenue (L.Ref II) dtd. 12/11/2001 passed by the Government of Tamil Nadu and to direct the Government to grant permission to hold the lands as per the applications made by the Petitioner under Sec. 37-A of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 1961, (herein after referred as Land Ceiling Act). Since the issues raised in the Writ Petition and Writ Appeal are one and the same, both the cases are tagged together and the present common order has been passed.

(2.) The Petitioner is NEPC India Ltd. The Petitioner-Company filed a Special Revision Petition in SRP. No.4 of 2002, before the Tamil Nadu Land Reforms Special Appellate Tribunal, Chennai, under Sec. 83 of the Land Ceiling Act, challenging the Order, dtd. 12/11/2001, passed by the Secretary to Government, Revenue Department, in G.O.Ms. No.497. Consequent to the abolition of the Land Reforms Appellate Tribunal, the matter stood transferred to this High Court and converted as a Writ Petition and notices were ordered to the parties.

(3.) The Petitioner states that their Company was in possession of lands in excess of the Land Ceiling Act. The Company was owning 2,248.20 acres of land in Coimbatore and Erode Districts. By way of sale, they had transferred substantial lands in favour of other companies. They filed applications prior to sale and after sale under Sec. 37-A of the Land Ceiling Act to the Government, seeking exemption from the Land Ceiling Act.