ANANTHALINGAM Vs. SPECIAL COMMISSIONER AND OTHERS

JUDGEMENT

(1.) The petitioner has submitted that an extent of 0.86 of land comprised in Survey No.103/1 situated at Tambaram Taluk, Kancheepuram District is owned by 4 persons viz., 1.Meenakshi Memorial Education Trust (measuring to an extent of 0.43 cents), 2. Natarajan (measuring to an extent of 0.14 cents), 3. Jayakumar (measuring to an extent of 0.15 cents) and 4. Usha Rani, measuring to an extent of 0.14 cents. The petitioner has purchased the entire 0.86 cents of the property from the above said mentioned owner. The petitioner has purchased 0.43 cents out of 0.86 cents from Meenakshi Memorial Educational Trust by a sale deed dated 10.09.2008 and ever since the date of purchase, he is in absolute possession and enjoyment of the property.

(2.) The petitioner has further submitted that through a sale deed No.4280/09, dated 23.07.2009, he purchased 14 cents from Mr.Jayakumar, legal-heir of the deceased Natarajan by registered sale agreements in document No.6724 of 2008, 6725 of 2008, dated 12.08.2008. The petitioner entered into purchase agreement with Mr.Jayakumar and Usharani for the purchase of 0.15 and 0.14 cents respectively of the property comprised in Survey No.103/1, situated at Tambaram Village and Taluk, Kancheepuram District and from the date of purchase, through an agreement of sale, he is in absolute possession and enjoyment of the property. The petitioner has further submitted that before his purchase of the property, his vendors, viz., Natarajan, Jayakumar and Usha Rani were in absolute possession and enjoyment of the property. The petitioner has further submitted that through the impugned proceedings of the second respondent dated 23.04.2008, the second respondent erroneously held that the entire property of 0.86 cents comprised in Survy No.103/1 situated at Tambaram Village and Taluk, Kancheepuram District belong to M/s.Meenakshi Memorial Educational Trust and declared that an extent of 3500 sq.mts is in excess of the ceiling limit and confirmed the draft statement issued under Section 9(1) of the Act.

(3.) The petitioner has further submitted that neither the first respondent nor the second respondent issued any proceedings or notice to his vendors under the Act, but proceeded on the basis that M/s.Meenakshi Memorial Educational Trust is the owner of the entire extent of 0.86 cent comprised in Survey No.103/1 situated at Tambaram Village and Taluk, Kancheepuram District. Therefore, the impugned proceedings of the second respondent are vitiated for the reason that no notice under the Act was served on the real owners of the property. The petitioner has further submitted that M/s.Meenakshi Memorial Educational Trust already challenged the impugned proceedings by filing a writ petition No.11186/08 in respect of 0.43 cents out of 0.86 cents comprised in Survey No.103/1 situated at Tambaram Village and Taluk, Kancheepuram District and this Court was pleased to admit the writ petition and also granted interim orders. While, this being so, the petitioner was advised to file this writ petition in respect of the remaining 0.43 cents comprised in Survey No.103/1 situated at Tambaram Village and Taluk, Kancheepuram District. In view of the sale of the entire property of 0.86 cents in his favour, he is in physical possession of the property.