MARIA JOSEPH ROY Vs. COMPETENT AUTHORITY CHENNAI

JUDGEMENT

(1.) WRIT Petition is for a Mandamus, forbearing the respondents from in any manner interfering with the possession and enjoyment of the petitioner's land to an extent of 1480 sq. metre in T. S. Nos. 45 and 46, Block 16, Kottur Village, Mylapore Triplicane Taluk, Chennai District, in the light of the provisions contained in Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act 20 of 1999.

(2.) THE power agent of the petitioner has sworn an affidavit and filed this present Writ Petition. THE case of the petitioner is that originally lands in question belonged to one Susai, S/o. J. Thamullusamy Pillai. THE petitioner is the grand son of the elder brother of said Susai. THE lands in question were settled in his favour by a registered Settlement Deed dated 11. 1. 1972 and as Document No. 53 of 1972. Since then, he was in possession and enjoyment of the property. In the year 1988, he obtained patta from the Tahsildar, Mylapore Taluk. Due to water scarcity, cultivation was stopped and after cessation of agricultural activity, the land was lying vacant. At that time, some persons approached him for lease of the said lands and he permitted them to put up superstructure with a specific understanding that they shall not put up any permanent structure and the rent was fixed at Rs. 100/- per month. THE petitioner has further submitted that he had plans to construct a hospital in the lands and due to insufficiency of funds, he could not do so and therefore, he allowed them to continue as tenants and even today, they are in possession. By collecting rents from them, the petitioner contended that he is in constructive possession of the land.

(3.) THE respondent in his counter affidavit has submitted that the provisions of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, came into force in the Urban agglomeration with effect from 3. 8. 1967. THE following check up lands were acquired under the provisions of the Act from the holdings of Maria Joseph Roy: Block/Village S. No. Extent of excess vacant land Block 16 of Kottur Village 45/1 720 sq. mts. 46 Total 760 sq. mts. 1480 sq. mts.