PRATHIBA VENKATARAMAN Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified mandamus, calling for the records pertaining to S.R.119/85 B dated 12.01.1990 on the files of the respondent and quash the same and consequently direct the respondent to put the petitioner back in possession in respect of the property situated at Madipakkam Mathura Puzhudivakkam village at No.154, Saidapet Taluk, comprised in S.No,56/8 1 A 1 in plot No.139 and 140 measuring an extent of 4800 Sq.ft.) Heard both sides.

(2.) THE petitioner seeks for setting aside an order dated 12.01.1990 issued by the first respondent and for restoration of possession of the petitioner's property in S.No,56/8 1 A1 in plot Nos.139 and 140 measuring an extent of 4800 Sq.ft. situated at Madipakkam Mathura Puzhudivakkam village.

(3.) BUT subsequently when she went to ask for the original patta she was orally informed that her lands were taken over under the provisions of Tamil Nadu Urban Land Ceiling Act 1978 (for short Ceiling Act). The petitioner's enquiry revealed that notices for acquisition of the land was given to one Munusamy Chettiar under Section 9(5) of the Ceiling Act. The petitioner, as she was not aware of these proceedings issued a notice through her counsel on 14.09.1999 asking them to drop the proceedings. However, the respondent by a reply dated 27.03.2000 stated that appropriate proceedings have been taken under the Ceiling Act and the land had been acquired on 1.12.1992. Because of these developments, the petitioner has filed the present writ petition.