The exercise of revisional power cannot be used arbitrarily at a belated stage.

1. Heard both sides.

2. These writ petitions arise out of Special Revisions filed by the petitioners before the Special Appellate Tribunal under Section 15 of Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. The petitioners challenged the Orders passed by the respondents dated 18.12.2001 and 31.01.2002 in that Special Revision Petitions. They were numbered as S.R.P.Nos.2 and 3 of 2002. The petitioners were represented through their Power of Attorney D.Sampath

3. In view of the abolition of the Tribunal, the matters stood transferred to this Court and were renumbered as CRP Nos.1969 and 1970 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 CRPs were converted into writ petitions and notices were ordered.

4. Before the Tribunal, no counter affidavit was filed by the respondents. The original records were also circulated for perusal by this court.

5. During the pendency of the writ petitions, the petitioner in the second writ petition had passed away and his wife and daughter have come on record as LRs of the second writ petitioner.

6. Both the original petitioners were sons of Late Govinda Pillai. The vacant land to an extent of 50 cents in Old S.No.115 and an extent of 41 cents in S.No.116/1 of Arumbakkam Village, Egmore were purchased by one Kuppammal, predecessor of the petitioners by Document No.1803 of 1928 registered at the Sub Registrar Office, Saidapet. In the year 1961, a partition deed was registered at the Sub Registrar Office, Saidapet. The petitioners' father late Govinda Pillai, got an extent of 50 cents in S.No.115 and one Uthan Pillai got his share an extent of 41 cents in S.No.116/1. The two original petitioners have never alienated the land that was assigned with their father.

7. When the Tamil Nadu Urban Land (Ceiling and Regulation) Act came into force, they filed a Statement under Section 7(1) of the Act giving details of the holdings including mentioning of S.No.115 to the extent of 50 cents. Proceedings were initiated under the ULC Act against the petitioners. An order under Section 9(5) was passed in respect of the holdings of the petitioners on 09.01.1984 declaring 301.50 sq.mts of land as excess vacant land. The excess land was sub-divided as T.S.No.13/13 and proceedings came to an end declaring the excess vacant land. Subsequently, a notification under Section 11(1) was published in the Government Gazette on 13.02.1985 and notification under Section 11(3) of the Act was published in the Gazette on 08.05.1985 declaring the total excess vacant land as 301.5 sq.m. Notification under Section 11(5) of the Act was passed by the second respondent on 03.07.1985.

8. However, during the year 1974, a town survey was conducted at Arumbakkam Village to change the old survey numbers into town survey numbers. During this town survey, the survey numbers 114/2, 114/3, 115, 116/1 and 116/2 were grouped together to form Town Survey Nos.13/2 in Block No.12. The total extent of Town Survey No.13/2 is about 2 Acres and 98 cents belonging to about ten persons of different families as per revenue records as on 1984. The measurements and boundaries constituted in S.No.13/2 should have been done only on the basis of old survey field maps. But this procedure was not followed by the Urban Land Ceiling Authorities while subdividing the excess vacant land of 301.5 Sq.Mts, (Apprx.7 = cents) situate in S.No.115 from the larger extent of new Town Survey No.13/2 comprising of 2.98 Acres belonging to about 10 persons of different families. Instead of taking over the excess vacant land forming part of T.S.No.13/2 corresponding to Old S.No.115, the authorities erroneously took the excess vacant land in that part of the T.S.No.13/2 corresponding to new S.No.116/1. The land situated in the new survey number did not belong to the petitioners at any time. The extent of