Interpretation of the definition of 'urban land' under the Tamil Nadu Urban Land (Ceiling and Regulation) Act and its application to the classification of land.

1. Heard both sides.

2. This writ petition arises out of a Special Revision (SRP.No.19 of 2001) 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 respondent dated 24.06.1997 in Ref.No.Na.Ka.SR.177/97/B 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.1908 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. Before the Tribunal, a counter affidavit dated 20.09.2001 was filed by the respondent.

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

a)Impugned order passed against a dead person. Total number of the persons in the family was taken note of in declaring the surplus land.

b)No notice was given to the original owners under Sections 7(2), 9(4) and 11(b) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act,1978.

c)The notice claimed to have been sent is not in accordance with law and more particularly prescribed under Rule 8(2) of the Tamil Nadu Urban Land (Ceiling and Regulation) Rules, 1978.

6. It is the case of the petitioners that they are the legal heirs of K.B.Ramachandran. He died on 29.08.1987. However, the respondent proceeded under Section 7(2) of the Act dated 11.04.1997 as if the original owner was alive. It is claimed that the lands in question were agricultural lands and Patta Pass book under Patta No.69 was given to the land owner. The respondent not only proceeded against the petitioners contrary to the provisions of the Act but also proceeded against the dead person in terms of the proceedings initiated in the year 1997. Though the land owner had passed away 10 years before, no attempt was made to serve his legal heirs. The mode of service was also not effected as per law. In the impugned order dated 24.06.1997, it was stated that Section 7(2) notice was served by Affixture by fixing a stick and pasting the notice in the vacant land. It was claimed that the land owners was not living in the village and their address was not known to them. Similarly, the notice under Section 12(7) of the Act was also sent in the name of the dead person. It is seen from the records that the wife of the original owner Tmt.Hemala were living in 29, Pettai Street, Anaikaputhur, Chennai -78. Therefore, it cannot be said that the respondent is not aware of the address of the legal heirs of the original owner.

7. In the counter affidavit filed by the respondent before the Tribunal, in respect of notice under Section 7(2) of the Act, in page 2 of the affidavit, it was averred as follows:-

"...The competent Authority, Tambaram issued notice under section 7(2) in S.R.177/97 dated 11.04.1997 requesting the urban land owner to file the return u/s 7(1) of the Act. It was served by the affixture on the land since the urban land owners not residing in Anakaputhur. The Deputy Tahsildar of the Office of the Competent Authority, Tambaram who inspected the land had reported that the land was a vacant urban land surrounded by Residential houses."

8. In respect of Section 9(5) of the Act, in page 3, it was averred as follows:-

"...The orders u/s 9(5) have been served on Thiru.R.Gothandan on 15.3.98, relative of the Urban Owner Thiru.K.B.Ramachandran."

9. Nowhere, it is stated as to how the said Gothandan was relative of the late Ramachandran. With reference to the classification of the land, the contention based upon Patta pass book was sought to be rejected in the light of the following averment made in page 5:

"The patta pass book specify the holding of a person in Revenue Account and it does not specify the nature of the