The central legal point established in the judgment is the entitlement of the landowner under Section 4 of the Repeal Act 20 of 1999 when possession has not been taken over by the State Government.

I have heard the arguments of Mr. V. Ramesh, learned counsel appearing for the petitioner and Mrs. V. Bhavani Subbaroyan, learned Assistant Government Pleader, representing the respondents, and have perused the records.

2. The petitioner is the owner of the property in Survey No. 56/1A part of Perungudi Village measuring an extent of 44 cents. She had purchased the same as agricultural land by means of a registered sale deed dated 05. 1981 from one Smt. U. Lakshmi. The petitioner was in possession and enjoyment of the said property. She also obtained patta in her name for the land in question and the Survey Number was re-numbered as 56/16C. Out of the total extent purchased by her, she sold an extent of 4 grounds to a third party and the remaining lands were in her possession. When she applied for a computerised copy of the patta, she was informed by the Village Administrative Officer that the land in Survey No. 56/1A Part had been acquired by the second respondent under the Tamil Nadu Act 24 of 1978. Thereafter, she approached the second respondent for certified copy of the order and accordingly, she got the same. She found that the entire extent of land in Survey Nos. 56/16B and 16C measuring an extent of 3350 Sq. Metres was acquired by the second respondent from one Mammen Varghese of Kottayam in Kerala. It is this order that is challenged in this writ petition.

3. The petitioner also asserts that in the four grounds, which was sold to a third party, a house construction has been put up and people are residing in the said land. She also states that possession was never taken from her and she continues to be in possession and enjoyment of the property. Further, she states that in the light of the Tamil Nadu Repeal Act 20 of 1999 and by virtue of Section 4 of the Repeal Act, she is entitled to continue in possession of the said land.

4. On direction from this Court, original file was produced before this Court and a written instructions dated 27. 2006 received from the second respondent, was also produced. Nowhere in the instructions, it is stated that notice was given to the petitioner even though the proceedings were initiated subsequent to the purchase by the petitioner and the village records have also been reflecting her ownership. It is seen from the written instructions that notice of proceedings right from Section 7 to 11 were given to one Mammen Varghese, a resident of Kottayam in Kerala State and the petitioner was nowhere given any such notice. Even in the chitta and village adangal, which is found in pages 49 and 51 of the original file produced, the name of the petitioner is clearly mentioned as the owner of the said land. Thereafter, they have not verified from the petitioner or issued any such notice to her. It is not made clear either in the original file or in the written instructions given by the second respondent as to why no notice was given to the petitioner.

5. Apart from attacking the original acquisition proceedings, it was also argued that by virtue of the Act 20 of 1999 repealing the Act 24 of 1978, insofar as the possession had not been taken over by the State Government or by any person duly authorised by the State Government, it continues to vest with the land owner. Therefore, it is necessary to refer to Sections 3 and 4 of the Repeal Act (Tamil Nadu Act 20 of 1999).

“3. Savings:- (1) The repeal of the principal Act shall not effect--

.(a) the vesting of any vacant land under sub-section (3) of section 11, possession of which has been taken over by the State Government and any person duly authorised by the State Government in this behalf or by the competent authority;

.(b) The validity of any order granting exemption under sub-section 1 of section 21 or any action taken thereunder.

.(2) Where--

.(a) any land is deemed to have vested in the State Government under section (3) of section 11 of the Principal Act but possession of which has not been taken over by the State Government