No proceeding can be initiated against a dead person.

(This Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of declaration that all proceedings initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 in respect of the lands owned by the petitioner situated at Survey No.167/11 (Old Survey No.167/1) in Karapakkam Village, Saidapet Taluk, admeasuring about 24050 sq. meters are illegal and non-est and that in any event have abated consequent upon the repeal of the Principal Act by the Tamil Nadu Urban Land (Ceiling and Regulation) Repealing Act, 1999 and consequently direct that the petitioner is entitled to deal with the above mentioned lands owned and possessed by him as a full and absolute owner.)

This writ petition has been filed for the issuance of a writ of declaration that all the proceedings initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 in respect of the land owned by the petitioner situated at Survey No.167/1I (Old Survey No.167/1) in Karapakkam Village, Saidapet Taluk, admeasuring about 24050 sq. metres are illegal and non-est and that in any event have abated consequent upon the repeal of the Principal Act by the Tamil Nadu Urban Land (Ceiling and Regulation) Repealing Act, 1999 and consequently direct that the petitioner is entitled to deal with the above mentioned lands owned and possessed by him as a full and absolute owner.

2. The brief facts for filing of the present writ petition are as follows:

The lands which form the subject matter of the present proceedings are Punja lands comprised in Survey No.167/1I, Karapakkam Village, Saidapet Taluk. The said lands had been purchased by the petitioner from one Perumal by sale deeds, dated 29.7.1993,13.12.1993, 29.12.1993 and 3.1.1994. The said lands were agricultural lands and as such the predecessor in title of the petitioner herein Perumal had acquired the same through a partition deed, dated 21.7.1986. It is further stated that it would be evident even from the sale deed that the said lands were agricultural lands and another important aspect relevant for the purposes of this writ petition is the fact that the said Perumal expired, on 1.10.1993, as evidenced from the death certificate filed together with this writ petition. The lands subject matter of the present proceedings, has been in continuous and uninterrupted possession of the predecessor in title of the petitioner and all statutory and other dues and charges were being regularly paid, including the payment of Kist, local cess, etc., till execution of the sale deeds. Immediately on signing of the sale deeds and the petitioner purchasing the lands, the petitioner took physical possession of the same and has been in continuous and uninterrupted possession of all the lands, subject matter of the present proceedings. The petitioner is aggrieved by the action of the respondents in seeking to claim that the lands, purchased by the petitioner, are subject to proceedings initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act. The very basis of such a claim and exercise of the powers conferred under the Act is unfounded. In this regard, the Tamil Nadu Urban Land (Ceiling and Regulation) Act was initially not applicable to the lands in question, which are situated at Karapakkam Village. As would be evident from G.O.Ms.No.679, dated 17.7.1995, the Act was extended to the said Karapakkam Village only on the said date. On the date when the notification was extended to the Village, the petitioner was the owner of the lands having purchased it through registered sale deeds and was also in physical possession and enjoyment of the same. The predecessor in title of the petitioner, as has been stated earlier, had died in the year 1993 itself. While so, some time in the year 1999, when the petitioner was intending to alienate the properties, to his shock and surprise, he was informed that the lands were subject matter of the proceedings under the Tamil