Compliance with the provisions of the Act and Rules for valid possession taking is essential for the applicability of the Repealing Act and entitlement to its benefits.

D. Murugesan, J. -

1. Both these appeals arise out of a common order passed in W.P.Nos.2834 and 2837 of 2002, dated 25.4.2005 filed by the respondents.

2. The land comprised in Survey Nos.402/4B (300 sq.mts), 402/4H (750 sq.mts), and 402/4J (4200 sq.mts) stood registered in the name of one Thiru N.Nandagopal and the lands remained vacant. On the ground that holding of the land was more than the ceiling limit allowable to a family, action under the provisions of the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978, (hereinafter referred to as the "Act") was initiated by issuance of notice under Section 7(2) of the Act. Objections were raised and ultimately the proceedings culminated into one of issuance of notice dated 27.4.1999 under Section 11(5) of the Act. With the grievance that on the date when the Act was repealed viz., 16.6.1999, the possession of the land in question was not taken in the manner known to law, the respondents approached this Court by contending that the proceedings initiated shall lapse after the Act had come into force and the writ petitions were allowed by following the judgment reported in 2002 (2) CTC 716 (Allind Metal Fabricators Pvt. Ltd., vs. The Secretary to Government, Revenue Department, Government of Tamil Nadu, Madras).

3. As against the above common order dated 25.4.2005, the above appeals have been filed by the State. According to Mr.M.Dhandapani, learned Special Government Pleader, the symbolic possession of the land in question was taken on 15.6.1999, which was one day prior to the date of the Repealing Act, viz., on 16.6.1999. In the event possession is taken, the question of placing reliance on the Repealing Act does not arise and therefore, the learned Judge is not correct in placing reliance over a judgment, which related to a case, where possession was admittedly taken prior to the Repealing Act.

4. On the other hand, Mr. AR.L.Sundaresan, learned Senior Counsel would submit that the respondents are entitled to the benefit of the Repealing Act on two grounds. Firstly, even in the counter affidavit filed by the State, it is contended that only a symbolic possession was taken and in the absence of physical possession taken by the authorities, the State cannot oppose the applicability of the Repealing Act. In support of the said contention, the learned Senior Counsel would rely upon the judgment of this Court reported in 2009 (6) MLJ 1102 (S. Nasira Anjum and Others vs. State of Tamil Nadu) and 2009 (8) MLJ 522 (Sree Jayalakshmi Brick Industries vs. Special Commissioner & Secretary to Government). Secondly, the learned Senior Counsel would submit that in any event, notice under Section 11(5) of the Act, which is a mandatory requirement before ever possession is taken has not been issued and served as per Rule 8 of the Tamil Nadu Urban Land (Ceiling and Regulation) Rules, 1978 (hereinafter referred to as the "Rules"). According to the learned Senior Counsel, except an affixture of the said notice made in the vacant site in question, the other requirements under sub-rules (1) and (2) of Rule 8 of the Rules were not followed.

5. We have considered the submissions. We will first consider the second point relating to the service of notice. After the compliance of the provisions of Section 11(1) to (4), if the land is a vacant land, the competent authority may, by notice in writing, order any person who may be in possession of it to surrender or deliver possession thereof to the State Government or to any person duly authorised by the State Government in this behalf within thirty days of the service of the notice under section 11(5) of the Act. The manner in which such a notice should be served with the particulars is contemplated under Rule 8 of the Rules. The relevant Rule for the purpose of issuance and service of notice is sub-rule (2) of Rule 8, which reads as under:-

"(2) (a) The draft statement together with the notice referred to in sub-section (4) of section 9 shall