D BALARAMA NAICKER Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) WRIT Petition is filed under Article 226 of the Constitution of India to issue a WRIT of Certiorarified Mandamus calling for records of the respondents especially the order of the third respondent dated 31.03.96, under Section 9(5) vide ref.Na.Ka.3583/94/A2 and notice under Section 11(5) dated 31.3.98 vide ref.Rc.3583/94/A2 in respect of land in Survey No,53/1 measuring 2850 square metres of Patravakkam village, Ambattur Taluk, and quash the same and further direct the respondents to treat the proceedings as abated under Section 4 of Act 20/99. The WRIT Petition is filed praying to issue a WRIT of Certiorarified Mandamus calling for records of the respondents especially the order of the third respondent dated 31.03.96, under Section 9(5) vide ref.Na.Ka.3583/94/A2 and notice under Section 11(5) dated 31.3.98 vide ref.Rc.3583/94/A2 in respect of land in Survey No,53/1 measuring 2850 square metres of Patravakkam village, Ambattur Taluk, and quash the same and further direct the respondents to treat the proceedings as abated under Section 4 of Act 20/99.

(2.) PETITIONER claims that the family owned the ancestral property to an extent of 71 cents. In respect of the above said land as co-owner, petitioner has been communicating with the Assistant Commissioner (Urban Land Tax), Ambattur, 248, E.V.R. Periyar High Road, Chennai-29 with regard to levy of urban land tax and the manner in which the property has been divided between the family members. From the very same office, the Assistant Commissioner/Competent Authority, Urban Land (Ceiling and Regulation) initiated proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act 1978 by issuance of notice in terms of Section 7(2) of the said Act on 30.4.1987. Draft statement under Section 9(1) and notice under Section 9(4) of the said Act was issued on 30.9.1991. The details of the same are contained in the counter-affidavit in para 2 as follows:-

(3.) THE learned Additional Government Pleader reiterated the stand taken in the counter-affidavit.