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2010 Supreme(Mad) 2997

K.CHANDRU
G. P. Saraswathi & Others – Appellant
Versus
The Assistant Commissioner cum Competent Authority,(Urban Land Ceiling) & Another – Respondent


Advocates appeared:
For the Petitioners:D. Shivakumaran, Advocate.
For the Respondents: M. Dhandapani, Spl. G.P.

Judgment

1. Heard both sides.

2. This writ petition arises out of a Special Revision (SRP.49 of 2000) filed by the petitioners before the Special Appellate Tribunal under Section 15 of Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (for short Act). The petitioners challenged the Order passed by the first respondent dated 111. 1991 in S.R.A.68/91 in that Special Revision Petition.

3. In view of the abolition of the Tribunal, the matter stood transferred to this Court and was renumbered as CRP No.1921 of 2003. However, a learned Judge of this court opined that no Civil Revision Petition will lie as the officers whose orders under challenge were not a Court but only statutory authorities. Therefore, the CRP was converted into a writ petition and notice was ordered.

4. Even before the Tribunal, a counter affidavit dated Nil" was filed by the respondent. The original records were also circulated for perusal by this court. An additional affidavit dated Nil (June 2010) was also filed by the petitioners.

5. Thecontentions raised by the counsel for the petitioners were as follows:

a)No notice was given to the original owners under Sections 7(2), 9(4) and 11(b) of the Tamil Na

























































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