D. NAGARAJAN Vs. ASSISTANT COMMISSIONER AND ORS.

JUDGEMENT

(1.) This Writ Petition has been filed for issuance of a writ of certiorarified mandamus to quash the notification issued by the 1st respondent, who is the competent authority under the erstwhile Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 and to direct the respondents to issue patta in favour of the petitioners.

(2.) On account of coming into force of the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Tamil Nadu Act No. 20 of 1999), (hereinafter, referred to as ''the Act''), all that has to be seen is, whether the possession continues with the land owner or whether he has been dispossessed in the manner required to be done under the provisions of the Act. If the petitioner's case succeeds on both these grounds, then the natural consequence that has to follow is that the proceedings under the Act are held to be abated.

(3.) The case of the petitioner is that the land originally belonged to three persons - S.M. Nataraja Naicker, S.M. Balarama Naicker and S.M. Kothandarama Naicker. In the year 1954, a partition took place among the three brothers by virtue of a registered partition deed dated 14.10.1954 registered as document No. 1781 of 1954. In terms of the said partition, the property in question fell to the share of S.M. Kothandarama Naicker. It is stated that S.M. Kothandarama Naicker was granted patta in his individual name during his life time and he was in possession and enjoyment of the land in question till his demise on 10.10.1981, as could be seen from the death certificate issued by the Pallavaram Municipality. The petitioner did not have the copy of the patta issued in favour of the said Kothandarama Naicker. Therefore, he applied for information under the Right to Information Act and obtained information, from which it is seen that patta was granted in the name of Kothandarama Naicker, son of Murugappa Naicker in patta No. 18 for Survey No. 300/3B1 and 301/2A1A.