Prayer for exemption from application of the Act rejected.

1. Heard the learned counsel for the parties.

2. The competent authority under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (hereinafter referred to as ‘the Act’) ~ Trichy agglomeration - held that the petitioner has 2385 sq.mts. of excess vacant land, under Sec.9(5) of the Act by its order dated 30.9.1988. The petitioner filed an appeal before the Special Commissioner and Commissioner of Land Reforms, Madras, under Sec.33 of the Act. The said appeal also was dismissed by the order dated 18.7.1989, however pointing out that the competent authority, the respondent No.2 in this writ petition, had wrongly noted the extent as 2450 sq.mts. instead of 2950 sq.metres in respect of S.No.2456/2, rectified the same. The petitioner has questioned the validity and correctness of the order dated 18.7.1989 passed by the first respondent-appellate authority and has sought for quashing the same by issue of a certiorarified mandamus.

3. The facts leading to the filing of this writ petition, to put in brief, are the following: The petitioner purchased an extent of 73 cents and 23 1/2 cents of agricultural wet lands in Survey Numbers 2456/2 part and 2072 part of Kondayampettai village and Thennur Village respectively, coming within the Tiruchirapalli Urban agglomeration, as per registered sale deeds-documents No.291/81 dated 27.10.1981 and No.90/80 dated 20.9.1980; he purchased another land with building measuring an extent of 374 sq.mts. under a registered sale deed-document No. 1667/85 dated 20.9.1985; an extent totalling 96 1/2 cents comprised in item Nos.1 and 2 mentioned above, were purchased as agricultural lands and they had been put to agricultural use; they were also registered as ‘wet’ in the Revenue records on the date of commencement of the Act; the petitioner did not file return under Sec.7(1) of the Act, bonafidely thinking that the lands purchased by him were agricultural lands and they continued to be so even after purchase made by him; in 1984, he made a lay out of the land in Survey No.2456/2 of Kondayampettai Village in Srirangam Municipal limits; the lay out was approved by the Deputy Director of Town and Country Planning, Tiruchirapalli, in L.P.No.12 of 1984, dated 19.4.1984, before conversation of agricultural lands into lay outs, he applied to the second respondent, who issued no objection in his proceedings L.Dis.No.284/84 dated 4.2.1984; similarly, the petitioner put up a residential building in Survey No.2070 of Thennur Village in Tiruchirapalli Municipal Limits after obtaining sanction of Tiruchirapalli Municipality in 1986, the petitioner referring to Secs.3(p) and 5(3) of the Act, claimed that the two agricultural lands mentioned above could not have been taken into consideration in holding that the petitioner has excess vacant land; the second respondent after giving sufficient time and opportunity to the petitioner to put forth his case, disagreeing with the contentions raised by the petitioner held that the petitioner has 2385 sq.mts. of excess vacant land, by his order dated 30.9.1988, stating that no doubt the lands mentioned above were agricultural lands on the date when the petitioner purchased; but they were subsequently and admittedly converted into lay outs, creating house-sites, they did not remain agricultural lands, the exemption claimed by the petitioner could not be granted as the lands were not converted and lay outs were not approved as on the date of commencement of the Act; the appellate authority, the respondent No. 1 herein, having examined the contentions raised in the appeal by the petitioner, dismissed the appeal by the order impugned in this writ petition, except directing the competent authority to rectify the extent of the land mentioned above as 2450 sq.mts. instead of 2950 sq.mts. in respect of Survey No.2456/2 of Srirangam Municipality in the order issued under Sec.9(5) of the Act.

4. The respondents have filed a counter affidavit. There appears to be no dispute