JAYASEELAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE Writ Petition has been filed praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondents, especially the order of the third respondent, dated 15. 12. 1995, vide Ref. NA. Ka. No. 845/95/c, in respect of lands of the petitioners measuring 3950 Sq. mts. in survey No. 70 of Ayapakkam Village, and quash the same, and direct the respondents to treat the proceedings as abated under Section 4 of act 20 of 1999, viz. , THE Tamil Nadu Urban Land (Ceiling & Regulation)Repeal Act.

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

(3.) IT is further submitted that the lands in question are purely agricultural lands as seen from the chitta and adangal extracts and therefore, not liable to be quashed under the Act. Even though the respondents were aware of the fact that the petitioners are the owners of the land, the land acquisition proceedings were taken against one Mr. Raghavan. This is clear from the fact that a notice under Section 7 (2) of the Act was issued by the third respondent to the petitioners for which they had replied stating that the lands were agricultural lands and therefore, it cannot be acquired under the act. Further, the third respondent by an endorsement, dated 26. 07. 1994, vide ref. Rc. C/218/93, dropped all further proceedings against the said lands on the ground that they were agricultural lands. Therefore, the order of the third respondent, dated 15. 12. 1995, in the name of Mr. Raghvan, inspite of the fact that the petitioners were the actual owners of the property cannot be sustained in law. Further, the land was assessed for urban land tax in the name of one mr. Arasan Naicker, and the demand of urban land tax was raised against the petitioners. The petitioners had moved the second respondent by a petition, dated 03. 02. 199 3, and by an endorsement, dated 12. 03. 1993, vide ref. K1/4415/93, the second respondent had directed the petitioners to file a revision under Section 30 of the Tamil Nadu Urban Land Tax Act with regard to the assessment of tax.