JOHN THOMAS Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed praying for the issuance of a writ of Certiorarified Mandamus to call for the records of the third respondent, especially, the orders, dated 28.8.1992 vide Ref.Na.Ka.651/92/A2, 7.12.1992, under Ref.No.651/92/B2 and 23.4.1998 vide Ref.651/92/B3, under Section 9(5), 10 (1) and 11 (5) respectively, and quash the same and treat the proceedings in respect of land in Survey No.259/3B Kuniamuthur Village, Coimbatore, as abated in view of Section 4 of Act 20 of 1999. The brief facts of the case, as stated in the affidavit filed on behalf of the petitioners by their power agent, are as follows:

(2.) THE first petitioner and his wife Annie John were the owners of the property comprised in Survey No.259/3B, Kuniamuthur Village, Coimbatore, measuring about 1.35 acres, having purchased the same by a registered sale deed, dated 4.4.1983. THE property purchased was purely an agricultural land at the time of purchase and even thereafter. THE petitioners have been in possession and enjoyment of the above mentioned land and agricultural operations were being carried on by them. One of the purchasers, namely, Annie John settled her portion of the land in favour of Kunjamma Varghese, the second petitioner herein, by a settlement deed, dated 7.8.1985. THEreby, the second petitioner herein had become the absolute owner of the agricultural land, as mentioned above, measuring about 67.5 cents.

(3.) IT has been further stated by the petitioners that under Section 4 of Act 20 of 1999, all proceedings pending on the file of the Court, Tribunal, or any authority shall abate. Admittedly, the appeal has been pending before the second respondent, when Act 20 of 1999 came into force. Therefore, the second respondent ought to have declared that the said appeal had abated, by virtue of Section 4 of Act 20 of 1999. However, no such orders had been passed by the second respondent.