V ELUMALAI NAICKER Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties concerned.

(2.) IT has been stated that the property measuring about 66 cents comprised in S.Nos.18/1A, 2B1, 18/1A 2B2 of Amudurmedu Village, Poonamallee Taluk, was purchased by the petitioner and his wife by way of two sale deeds, dated 11.7.1973 and 14.9.1981. The petitioner has been in possession and enjoyment of the land from the date of its purchase and it has been maintained as an agricultural land. The petitioner has put up a small house abutting the road in front of the land and the rear portion has been used for agricultural purposes.

(3.) IT has been further stated that even though the family of the petitioner consists of several members, the respondents had held that he is entitled to the exemption of only 500 sq. mts. Further, a notice, under Section 11(5) of the Act, dated 25.9.1998, calling upon the petitioner to hand over the possession has not been served on the petitioner. If the respondents had, in fact, taken possession of the land, pursuant to the notice, issued under Section 11(5) of the Act, they should have taken possession of the land, under Section 11(6) of the Act by demolishing the existing structures. In fact, the petitioner is residing in the house said to have been acquired by the respondents by paying the property tax and having obtained the electricity connection. In view of the fact that actual physical possession of the land in question had not been taken by the respondents, the land acquisition proceedings initiated by them have abated, in view of the coming into force of the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999, (Act 20 of 1999), (hereinafter referred to as the "Repeal Act").