ANEES LEATHERS MANUFACTURERS Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE Writ Petition has been filed praying for the issuance of a Writ of Certiorari, to call for the records of the respondents especially that of the first respondent in G.O.Ms.No.29, dated 22.01.2002, and quash the same and further directing the respondents to treat all proceedings as abated in respect of land in S.Nos.113/1B and 111/19 of Pammal Village u/s.4 of Act 20 of 1999.

(2.) HEARD the learned counsel for the petitioner as well as for the respondents.

(3.) UNDER these circumstances, the competent authority had issued a notice, on 09.05.2001, directing the petitioner to appear for an enquiry with regard to the utilisation of excess vacant land exempted by the government in G.O.Ms.No.104, dated 17.02.1994, which had expired on 16.02.1996. Since the said notice was after the repeal of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, the petitioner had submitted a suitable reply. However, by taking report from the second respondent, dated 29.01.2001, the government has passed G.O.Ms.No.29, dated 22.01.2002, cancelling the exemption granted earlier in G.O.Ms.No.104, dated 17.02.1994, with a further direction to the competent authority to acquire 13060 sq.mtrs from the petitioners holding. The Government while passing the impugned order has invoked Section 3(1) (p) of Act 20 of 1999. The said order of G.O.Ms.No.29, dated 22.01.2002, is the subject matter of the present writ petition.