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1998 Supreme(Mad) 532

C.SHIVAPPA
G. Vasantha Pai – Appellant
Versus
Special Commissioner and Commissioner (Land Reforms) Chepauk, Madras-5 and another – Respondent


Advocates:
Mr. G. Vasantha Pai, Party-in-Person, Advocate for Petitioner. Mr. Patti B. Jagannathan Additional Government Pleader for Respondents.

Judgment :

1. The petitioner herein has challenged the two orders, one passed by respondent No.2 in S.R.No.1295 of 1985 dated 38. 1988 and the other passed by respondent No.1 in J2.67024 of 1988 dated 112. 1988.

2. The respondent No.2 initiated action under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (hereinafter referred to as ‘The Act’) and determined that an extent of 1350 sq.mts. of urban land in S.No.210/2A1A1t Pt. of Thiruvanmiyur Village is an excess vacant land under Section 9(5) of the Act. On appeal against such determination, the respondent No.1 confirmed the order of the competent authority.

3. The respondent No.2 issued a notice under Section 9(4) of the Act to the petitioner, terming him as the urban land owner, to acquire the excess vacant land measuring 1350 sq.mts. after allowing 1000 sq.mts. towards his family entitlement under Section 5 (1) of the Act, since his family consists of himself and his wife only.

.4. The petitioner herein contested the notice inter alia contending that the property comprised in registered sale deed dated 112. 1962 was purchased from and out of the sale proceeds of his father’s property at Chittor Road, Ernakulam,



































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