CHANDRALEKHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The first petitioner and Late Mr.Pon Vedakkan purchased two plots of lands measuring 2400 Sq.ft and 4389 Sq.ft in Survey No. 92/2A1 of Neelangarai Village, Saidapet Taluk, by two sale deeds dated 07.11.1983 and 12.11.1983 from one P.K.Koshy. The petitioners 2 to 5 are the legal heirs of Late Mr.Pon Vedakkan.

(2.) The learned counsel for the petitioners states that pursuant to the statement made under Section 27 of the Tamil Nadu Urban Land (Ceiling and Regulation Act) 1978 (hereinafter referred to as the Act) in Form XIII prescribed under Rule 19 of the Tamil Nadu Urban Land (Ceiling and Regulation) Rules, 1978 (hereinafter referred to as the Rules) before the Registering Authority, the second respondent held an enquiry on 25.06.1984 as per his notice dated 13.06.1984. This was brought to our notice to show that the second respondent is aware of the purchase made by the petitioners in 1983.

(3.) The learned counsel for the petitioners further states that they are in possession and enjoyment of the plots that were purchased. The first petitioner obtained telephone and electricity connection for the watchman quarters put up by her. She also raised a compound wall. The first petitioner further states that the plot of land was mortgaged with Indian Bank and educational loan was obtained for the purpose of her son's education. As per the letter issued by the Indian Bank, which is enclosed at page No.71 of the typed set, the educational loan was sanctioned on 08.08.1990. The first petitioner states that the Bank officials wanted her to submit the land tax receipt to the Bank and that therefore, she approached the Village Administrative Officer for payment of land tax and the said officer refused to receive the tax on the ground that the lands were acquired as surplus lands from the said P.K.Koshy under the Act. At this juncture, the first respondent issued a Government Order in G.O.Ms.No.26, Revenue Department, dated 08.01.1993 allotting the excess land to All India Service Officers Co-operative Housing Society, Madras. Hence, the petitioners filed a Writ Petition at the earliest on 09.02.1993 before this Court in W.P.No.3575 of 1993 questioning the notification issued under Section 11(1) and 11(3) of the Act as well as the said G.O.Ms.No.26. The writ petition was transferred to the Tamil Nadu Land Reforms Special Appellate Tribunal and was renumbered as T.R.P.No.15 of 2000. After hearing both the parties, the Tribunal dismissed the said T.R.P.No.15 of 2000 on 27.11.2001. This writ petition is against the said order of the Tribunal.