T.RAJENDRAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioner is aggrieved against the proceedings of the third respondent dated 24.08.1998 and to declare the same as abated in terms of Section 4 of the Urban Land Ceiling and Regulation Act, Repeal Act 20 of 1999.

(2.) The short facts, which led the petitioner to file the present writ petition are as follows: The petitioner inherited the subject matter property from his ancestors and the patta is also standing in his name. The third respondent initiated urban land ceiling proceedings in respect of an extent of 1900 sq.mts. of lands situated in Karapakkam Village No.117, Tambaram Taluk, Kanchipuram District. The petitioner was served with a notice under Section 7(2) of the Urban Land Ceiling & Regulation Act on 27.01.1997. Thereafter, the petitioner was not served with any other notice or communication. However, the petitioner approached financial institutions to raise loan in the month of August 2014 for putting up a residential house in the said property. He was informed that he should get computerized patta.

(3.) A Counter affidavit is filed by the respondents, wherein it is stated that a notice under Section 7(2) of the Act was issued on the petitioner on 27.01.1997 and accepted by him and however, he failed to file the return under Section 7(1) of the said Act. Before passing orders under Section 9(5) of the Act, the land was inspected by the Assistant Commissioner and an extent of 1900 sq.mts. was arrived as an excess vacant land and the same was acquired as per the procedure laid down in the Act. The urban land owner on receipt of notice under Section 7(2) should have filed return under Section 7(1) of the Act. Since the address of the urban land owner was not known and he was not residing in the village, all notices and order were served by affixture in the said land, which is an accepted mode of service as per the provisions of the Act. The petitioner was served with notice under Section 11(5) of the Act on 08.04.1999 to surrender possession of the excess vacant land and the same was served by affixture. As there was no objections from the petitioner, the possession of the excess vacant land was handed over by the Revenue Authorities on 01.06.1999 by signing in the Land Delivery Receipt. Thereafter, necessary changes have been carried out in the revenue records in the name of the Government.