S. SHANTHADEVI Vs. PRINCIPAL COMMISSIONER & COMMISSIONER

JUDGEMENT

(1.) This Writ Petition has been filed challenging the Order of the 2nd Respondent under Ss. 9(5) & 10(1), dtd. 13/12/1990 and 28/11/1991 respectively in Ref.S.R.479/85/Nanmangalam and Notice under Sec. 11(5), dtd. 27/7/1992 in Ref. No.3335/90-A in respect of land measuring an extent of 61 cents comprised in Survey No.188/ 4B of Nanmanagalam Village, Sholinganallur Taluk Chennai-600 119 and for a consequential direction to the 3rd Respondent to incorporate the name of the 2nd Petitioner as Owner of the land referred to above in all the Revenue records wherever required.

(2.) It is the case of the Petitioner that her husband - late M. Santhanakrishnan became entitled to the property comprised in S. No.188/ 4B situated at Nanmanagalam Village, Sholinganallur Taluk. After the demise of her husband, she (1st Petitioner) had become entitled to succeed the property in S. No.188/4B stated supra.

(3.) It is the further case of the Petitioners that on the death of the husband of the 1st Petitioner, she became entitled to the estates of her husband including the property in S. No.188/4B and that she had settled a portion of that property in favour of her brother, the 2nd Petitioner herein on 11/2/2017 by way of Settlement Deed, dtd. 9/2/2009. After such Settlement, when the 2nd Petitioner took steps to mutate his name in the Revenue records, she and the 2nd Petitioner came to know that the land in S. No.188/4B had been acquired under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1976 [for short "the ULC Act]. When Certified copies were applied, they came to know that none of the provisions of the ULC Act before the acquisition of land were followed. Rule 8 of the Tamil Nadu Urban Land (Ceiling and Regulation), 1978 was also not complied with.