Non-compliance with mandatory statutory requirements for mode of service and possession taking can vitiate proceedings and lead to their abatement.

1. The writ petition is filed to quash the order of the 2nd respondent under Section 9(5) dated 23.7.1997 vide C.Pa.33/96 C and notice under Section 11 (5) dated 30.4.99 of Tamil Nadu Urban Land (Ceiling and Regulation) Act, in respect of the land in survey No.6/1A4 of Puthur village, Chingleput Taluk, Kancheepuram District measuring an extent of 4250 sq.meters and to direct the respondents to treat the proceedings referred to above as abated under Section 4 of Tamil nadu Urban Land (Ceiling and Regulation) Repeal Act 20 of 1999.

2. The brief facts relevant for consideration herein are as follows:

The land in question which is agricultural in nature belonged to one C.Nirmala and the petitioners herein have purchased the property in question from the said Nirmala by registered sale deed dated 11.11.1982 and the petitioners have been in possession and enjoyment of the same and have been using the same for agricultural purpose. While so, the provisions of Tamil Nadu Urban Land (Ceiling and Regulation) Act has been extended to Puthur Village, where the property is situated, by virtue of G.O.Ms.No.679 Revenue dated 17.7.1995 with effect from 9.8.1995 which is much after the purchase of the land by the petitioners herein. Thereafter, the proceeding has been initiated during 1996 for declaring the land belonging to Nirmala as surplus. The second respondent who is the competent authority has issued notification under section 11(2) thereby calling upon Nirmala who was the erstwhile owner to file the statement under Section 7 (1) of the Act. Admittedly there was no response from Nirmala for the notice given under section 7(2). It is equally admitted that the competent authority has not made any further efforts to obtain necessary information relating to the ownership of the land in question as contemplated under section 7(5) of the Act. However the second respondent/competent authority has proceeded to pass an order under section 9 thereby preparing a draft statement and caused the service of draft statement and the same was followed by an order under section 9(5). Thereafter the competent authority has passed the final order under section 10(1) thereby making final statement regarding the extent of the vacant land held in excess of the ceiling limit. The same is followed by notification under Section 11(1) and then show cause notice under section 11(5) calling upon the holder of the excess land to surrender the possession of such excess land to the state Government. It is not in dispute that all the notice and order issued under sections 7(2), 9(1), 10(1) and 11(5) are caused to be sent to the original owner i.e. Nirmala that too by adopting the mode of service by affixure.

3. The core issue that arises for consideration herein is as to whether such notices also contain all the particulars under the relevant provision of law; as to whether the mode of service by affixure is proper and is in compliance of the statutory requirement and as to whether the order passed under sections 9(5), 10(1) and 11(5) pursuant to such mode of service of notice by affixure amounts to giving effective opportunity to the erstwhile land owner or present occupier.

4. The learned counsel for the petitioners drew the attention of this Court to Section 7(5) and to Rule 8 in support of his contention that in the event of failure on the part of the land owner to file any statement as called for under section 7(2), it is the duty of the competent authority to obtain necessary information regarding the name and address of the land owner and about the land in question and thereafter to proceed to pass further orders and to serve notice to such addressee in the manner as contemplated under Rule 8. It is argued by the learned counsel for the petitioner that the mode of service contemplated under Rule 8 is by registered Post to the person concerned to the address given in the statement and when the same mode of service through registered post was not succ