KAUSALYA RAMALINGAM Vs. SPECIAL COMMISSIONER

JUDGEMENT

(1.) This petition is filed to quash the order of the second respondent dated 23.02.1985 in No.3323/B2-B.

(2.) The challenge in the present Writ Petition is to the proceedings initiated by the respondents herein under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. The main grounds raised by the learned counsel for the petitioner is that the possession of the land in Survey No.234/1A1A1A2 of Kottivakkam Village measuring 900 sq.mt., which was declared as excess vacant land, has not been taken by the respondents herein and the petitioner is in continuous possession till date.

(3.) The learned counsel for the petitioner submitted that the notice under Section 11(5) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act was not served on the petitioner. Since the Act has already been repealed and the respondents have become functus officio, they are disentitled to take possession after the repeal.