MOHAMED ASHREF NOOR Vs. SECRETARY TO GOVERNMENT REVENUE DEPARTMENT STATE OF TAMIL NADU SECRETARIATCHENNAI

JUDGEMENT

(1.) THE writ petitioner has come before this court challenging the proceedings in G.O.Ms.No,8(Revenue) dated 8.1.2003 relating to exemption granted by the authorities under the Urban Land Ceiling Act.

(2.) THE case of the petitioner is that he purchased 12.5 grounds of land and factory building comprised in Survey No,404/1, Sameen Pallavaram, Chengleput District by sale deed dated 31.5.1975. THE petitioner applied exemption under Section 21 of the Urban land (Ceiling and Regulation) Act in respect of excess vacant land measuring to an extent of 2400 square meters for starting a leather processing unit and exemption was granted in G.O.Ms.No,642 dated 6.4.1984 under Section 21 of the Act. THE said exemption was periodically extended and meanwhile the factory was constructed after getting necessary approvals from the authorities concerned.

(3.) MR.Natarajan, learned counsel for the petitioner submitted that the impugned order was passed after the repeal of the Urban Land (Ceiling and Regulation Act)1976 and therefore any proceeding which is based on the repealed Act has no sanctity in view of absence of principal Act. He further submitted that by virtue of exemption, the respondents have not taken possession and the very exemption order proves that the petitioner continues to be in possession of the properties.