A ARJUNAN Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) Heard Mr. Sankar Ramasamy, the Learned Counsel appearing for the Petitioner and Mr. K.S. Suresh, the Learned Government Advocate appearing for the Respondent.

(2.) According to the Petitioner, he is possession of 50 cents of land in S.No. 23/2B4 in Vengadamangalam village in Chenglepet Taluk, which has been assigned to him vide Deed of Assignment bearing No. MRIV/207/70 dated 101980 executed by the Government of Tamil Nadu under the provisions of Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965. The Petitioner claims to have received a certified copy dated 29.05.2002 of an order bearing C.P. No. 194/95B dated 27.08.1987 passed by the Second Respondent under Section 9(5) of the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978 (hereinafter referred to as 'the Principal Act' for short) stating that an extent of 1,050 sq.m. in excess of the permissible limit of 500 sq.m. of the aforesaid land of the Petitioner was proposed to be acquired under the provisions of the Principal Act. That order is challenged by the Petitioner in this Writ Petition on the ground that the Respondents had not intimated him of any acquisition proceedings under the Principal Act when it was in force and hence, the impugned order with which he has been furnished after the coming into effect of the Tamil Nadu Urban Land (Ceiling & Regulation) Repeal Act, 1999 (hereinafter referred to as 'the Repeal Act for short) on 16.06.1999, cannot be sustained in law.

(3.) Though notice had been ordered to the Respondents in the Writ Petition as early as 16.06.2003, no Counter-Affidavit has been filed. However, on the directions issued by this Court, the Respondents have produced the file containing the records including the impugned order.