ANJALA AMMAL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein was the owner of the property comprised in Survey Nos.39/1 and 40/1 in Amadhurmedu Village, Poonamallee Taluk, measuring an extent of hectares 0.57.0, among other lands. The respondents herein had declared the aforesaid lands be in excess of the ceiling limit prescribed under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, Act 24 of 1978 (hereinafter referred to as 'the Act') and thereby, initiated proceedings under the Act. According to the respondents, the acquisition under the said Act were concluded as per the procedure contemplated and physical possession of the surplus lands were also taken over by the Government. The petitioner herein claims to be ignorant of the acquisition proceedings initiated under the Act and claims to be in physical possession of the same till date and therefore has filed the present Writ Petition, seeking to quash the proceedings.

(2.) Heard Mr.V. Ramesh, learned counsel for the petitioner and Mrs.Narmadha Sampath, learned Additional Advocate General appearing on behalf of the respondents.

(3.) Mr.V.Ramesh, learned counsel for the petitioner submitted that the notice under Sections 9(1) and 9(4) of the Act were not served in accordance with the procedure contemplated under Rule 8. According to him, when the initial procedure itself has been violated, the subsequent proceedings initiated under the Act, including taking of possession of the lands, will have no legs to stand. Even otherwise, the learned counsel for the petitioner submitted that the procedure adopted for taking possession of the land under Section 11(5) is illegal. In support of his contention, the learned counsel relied upon various decisions.