Order passed by authority contemplated under Principal Act in declaring excess land in respect of property in dispute is not final.

The writ petition is filed for declaration that the land comprised in Survey Nos.649/18, 649/19, 649/25 bearing Plot Nos.13, 14, 15, 16, 27, 28, 31 and 32 measuring 17,790 sq.ft. situated at V.O.C. Nagar of Velachery Village, Chennai belonging to the petitioners does not attract the provisions of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 or Section 3(1)(a) of the Urban Land (Ceiling and Regulation) Repeal Act, 1999.

2. The case of the petitioners is that under various documents they have acquired title in respect of the abovesaid properties and the purchases were made in the year 1985 and independent pattas were given and they have been in absolute possession. The petitioners have approached the 4th respondent-Tahsildar on 23. 2006 for inclusion of their lands in Town Survey Register by issuing new patta. In spite of the fact that the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 which came into effect in 1978 has lost its legal validity in the year 1999 on account of passing of the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 by virtue of which the lands which were under the proceedings of the earlier Act became free-hold lands except in cases where the possession has been taken by the Government which is saved by Section 3(1)(a) of the said Act, the 4th respondent has wrongly held that the properties are attracted by the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. According to the petitioners, they are the title holders of the properties and are in actual and physical possession and their possession has never been taken by the Government at any point of time under the old Act.

3. The petitioners relied upon the judgments of the Supreme Court in Pt.Madan Swaroop Shrotiya Public Charitable Trust v. State of U.P.(AIR 2000 SC 3415) and Smt.Angoori Devi v. State of U.P. & Ors. (JT 2000(Suppl.1) SC 295), stating that by virtue of the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999, the authorities functioning under the erstwhile principal Act could not have jurisdiction to initiate proceedings under the new Act and it is categorical that only exception to that is in respect of properties wherein physical possession has been resumed by the Government prior to coming into the new Act and this proposition has also been followed by this Court in various decisions and in view of the same, the present writ petition has been filed.

4. Even though the respondents have not filed counter affidavit, on direction from this Court, the learned Government Advocate has produced the entire files relating to the land ceiling proceedings regarding the properties in dispute for the purpose of ascertaining as to whether physical possession has been taken by the respondents.

5. I have referred to the files. It is seen that notice under section 7(2) of Tamil Nadu Urban Land (Ceiling and Regulation) Act, 24/1978 was issued to the vendor of the petitioners on 11. 1995. Subsequently, a notice under section 9(4) of the said Act was issued on 8. 1997 calling for objection for the proposed action under the said Act. A statement was prepared as per section 9(1) of the Act in Form No.III as per Rule 8 of the concerned Rules on the same date. By order dated 9. 1997, the third respondent has passed orders under section 9(5) in respect of taking proceedings to take possession. The Competent Authority under section 10(1) of the Act has prepared a final statement on 10. 1997. Subsequently, notification under section 11(1) was issued by the Competent Authority on 3. 1998 and the consequential notification under section 11(3) was issued on 16. 1998, for acquisition of the excess vacant land held by the vendor of the petitioners and likewise, the notice under section 11(5) of the Act was also issued on 19. 1998.

6. It is seen in page 137 of the file produced by the learned Government Advocate that one of the officials have stated that she has handed over possession to anot