C N CHANDRAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) AS the issues involved and the respondents in all these writ petitions are one and the same, these writ petitions are disposed of by this common order. Heard both sides.

(2.) THE facts involved in these writ petitions are as follows:THE petitioners are related to each other and originally they owned lands jointly comprised in S.No.268 in Tarnbaram Village, Saidapet Taluk, Chengalput MGR District and the same was partitioned by them on 7.11.1979 and that in the said partition, they were allotted 56 cents of lands each comprised in S.Nos.268/4, 268/3A and 268/2 and 268/5 towards their respective shares and that as the respondents felt that the lands in the possession of the petitioners exceeded the ceiling limit, they initiated proceedings by issuing notifications under Section 11(3) of the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978 (hereinafter referred to as the Act) in C.Nos.4301/94&#8209C, 4300/94&#8209C and 4299/94&#8209C published in the Tamil Nadu Government Gazette dated 30.9.1998 and hence, for quashing the said notifications dated 30.9.1998, these writ petitions have been filed.

(3.) THE learned senior counsel for the petitioners has further submitted that even the respondents are not able to point out from the records as to the correct date, on which the possession was taken from the petitioners and that on the contrary, the petitioners proved that they are in continuous possession of the lands in dispute, by producing the above said documents and hence, the petitioners are entitled to the benefits of the Repeal Act 20 of 1999 dated 16.6.1999 and that Section 3 of he Repeal Act 20 of 1999 should not be read in isolation and it should be read along with Section 4 of the Repeal Act 20 of 1999 and that on such a combined reading of Sections 3 and 4, the only conclusion to be arrived at is that if the possession is retained by the land owners, notwithstanding the proceedings initiated by the respondents, they are entitled to the benefits of the Repeal Act 20 of 1999.