LAWS(MAD)-2015-9-43

S. KAILASANATHAN AND ORS. Vs. THE SPECIAL COMMISSIONER AND COMMISSIONER FOR LAND CEILING AND LAND TAX AND ORS.

Decided On September 09, 2015
S. Kailasanathan and Ors. Appellant
V/S
The Special Commissioner and Commissioner for Land Ceiling and Land Tax and Ors. Respondents

JUDGEMENT

(1.) THE petitioner submits that he himself and his mother S.Mangalam and his sisters Mrs. Visalatchi, Mrs. Meena, Mrs. Padmavathy, and his brother one Mr.S.Subramaniam have all jointly filed a writ petition in W.P. No.32845 of 2003 before this Court, for challenging the second respondents impugned order in his proceedings SR.496/77A, dated 30.01.1990 under Section 9(5) of the Principal Act, declaring the excess vacant land in Survey No. 269/5 Vengaivasal Village to an extent of 1522 square meters out of 2522 square meters and subsequent proceedings all are abated in view of the Section 4 of the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act 20 of 1999.

(2.) THE petitioner further submits that originally the land comprised in Survey No. 269/5, to an extent of 2,250 square meters in Vengaivasal Village, Tambaram Taluk, now at Sholinganallur Taluk, Kancheepuram District was purchased by his father Mr. Swaminathan, in and by a Registered Sale Deed dated 09.07.1968 in Sub Registrar's Office at Tambaram. Since, after purchase his father was in exclusive possession and enjoyment of the same. His father Swaminathan died on 15.10.1994 leaving behind his mother and three sisters and one brother to inherit the estate belonging to him. Accordingly, we were in joint possession and enjoyment of the above said land.

(3.) THE petitioner further submits that since after the order passed by this Court either the first respondent or Government have preferred any appeal or review against the order passed by this Court on 03.04.2013 in W.P. No.32845 of 2003, hence the order passed by this Court is final.