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1998 Supreme(Mad) 898

K.GOVINDARAJAN
A. Kasi and Another – Appellant
Versus
Special Commissioner and Commissioner of Land Reforms and Another – Respondent


Appearing Advocates:K. Srinivasan, Advocate, V. Selvanayagam, Govt. Advocate.

Judgment :-

The Order of the Court was as follows :

The petitioners in the writ petitions are brothers and aggrieved by the order of the first respondent in J3/73766/88 dated 3-8-1989, they have filed these writ petitions.

2. By the impugned order dated 3-8-1989 the petitioners' lands were declared as Urban Lands and brought into the purview of the provisions of Tamil Nadu Urban Land (Ceiling Regulations) Act, 1978.

3. The second respondent in his order dated 30-9-1988 declared the lands of the petitioners as 'urban vacant lands' only on the basis that the lands were kept vacant. Even on appeal by the petitioners the first respondent appellate authority concurred with the findings of the second respondent and rejected the appeals on 3-9-1989 which is impugned in these writ petitions.

4. Learned counsel for the petitioners has submitted that the respondents have treated the lands as urban land only because the said lands were kept vacant without cultivation for some time due to disputes between the brothers. Merely because the cultivation was not carried on in the said lands for some time, according to the learned counsel for the petitioners, it cannot be said that the character of the



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