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2009 Supreme(Mad) 4594

V.DHANAPALAN
R. R. Nadham, Represented by Power of Attorney N. Chiranjeevi – Appellant
Versus
State of Tamil Nadu, Rep. by Secretary to Government, Revenue Department, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioner:Venkatachalapathy, Senior Counsel, M. Sriram, Advocate.
For the Respondents: V. Viswanathan, Addl. Govt. Pleader.

Judgment :-

What is sought for in this Writ Petition by the petitioner is a Declaration, declaring that the entire proceedings, initiated by the respondents under the Tamil Nadu Urban Land (Ceiling and Regulation) Act,1978, finding that the petitioners land in Survey No.461/2A of Thirumullaivoyal Village, Poonamallee Sub-division of Chengalpet District under Patta No.227 to an extent of 1633 sq.metres in excess of the ceiling, have abated.

2. The facts are as follows :

2. 1. The petitioner owns lands in Survey No.461/2, 461/3 and 461/4 of Thirumullaivoyal Village, Poonamallee Sub-division of Chengalpet District under Patta No.227 to an extent of 4654.5 square metres and the said lands were originally cultivable lands. Due to urbanisation, the said lands were wrongly treated within the urban agglomeration as defined under Section 2 (n) of the erstwhile Tamil Nadu Urban Land (Ceiling and Regulation) Act,1978 (in short, "the Act").

2. 2. The petitioner submitted a statement on 09.02.1976 under Section 6 (1) of the Act, in which it was brought out that the lands were cultivable lands and the Act had no application. The third respondent, without reference to the same, unilaterally proce












































































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