Strict adherence to the rules prescribed in the Act when valuable lands are sought to be taken over by a statutory enactment, and the requirement of taking actual physical possession with the signature of the landowner.

This writ petition has been filed to quash the orders of the third respondent under Section 9(5) r Order in SR 1002/96/D dated 13.3.1997 and 11(5) dated 10.5.1998 vide ref. Rc.SR 1002/96D in respect of lands in Survey No. 45/1 and 46/2 of Amadurmedu village, Poonamallee Taluk measuring 4100 sq. mtrs and treat the proceedings as abated under Section 4 of the Tamil Nadu Urban Land (Ceiling & Regulation) Repeal Act 20/99.

2. The brief facts as culled out from the affidavit filed in support of the writ petition are as under:

The petitioners are the sons and daughter of one Thulakanam who passed away on 6.4.1998. The said Thulakanam was the owner of the land in S.Mo.45/1 Measuring 46 cents and in S. No. 46 measuring 57 cents of Amadurmedu village. After the petitioners fathers death they approached the Village Administrative Officer to incorporate their name in the revenue records. The Village Administrative Officer informed them that the lands have been acquired under the Tamil Nadu Urban land (Ceiling end Regulation) Act. Immediately, they contacted the third respondent and applied for certified copies of various orders passed by the third respondent under the various provisions of the Act. After receiving the certified copies, they have filed the above writ petition to quash the order of the third respondent dated 13.3.1997 and dated 10.5.1998 as the entire proceedings are abated under Section 4 of Repeal Act.

3. It is contended by the writ petitioner that the lands are agricultural lands, that the service affected by the third respondent is not in consonance with the provisions of the Act and that they are still in possession of the land and therefore the order of acquisition shall abate under Section 4 of the Repeal Act.

4. A counter affidavit has been filed by the respondents wherein it is stated that the notice under Section 7(2) of the Act was issued on 2.7.1996 as the land owner did not file any return under Section 7(1) of the Act. The notice dated 2.7.1996 was served on Tmt. Desammal, the daughter-in-law of the land owner on 20.9.1996. Since, no reply was received, a notice under Section 9(4) along with a statement under Section 9(1) of the Act was issued on 29.10.1996 calling for objection for the proposed acquisition of 3600 sq.mtrs of excess vacant land out of the total extent of 4100 sq.mtrs. after allowing 500 sq.metrs as entitlement. The notice dated 29.10.1996 was served on the son of the land owner on 9.1.1997. As no objection was received, the Dy. Tahsildar inspected the land on 14.2.1997 and found the land vacant with bushes. Hence, order under Section 9(5) of the Act was passed on 13.3.1997 and the order was served on R.Minnala, a relative of the land owner. The final notification under Section 10(1) was issued on 30.6.1997 and served on the land owner on 2.8.1997. The notification under Section 11(1) of the act was issued on 15.10.1997 and published in the Tamil Nadu Govt. Gazette dated 24.12.1997. The notification under Section 11(3) vesting the land with the Government with effect from 15.3.1998 was issued on 29.1.1998 and published in the Gazette dated 1.4.1998.

5. It is admitted in the counter that notice under Section 11(5) of the Act was issued on 10.5.1998 and served by affixture since the land owner refused to receive it. It is also admitted in the counter that the land owner has not handed over the possession of the acquired land and the possession was taken over and handed over to Zonal Deputy Tahsildar, Poonamallee on 11.8.1998 by signing a land delivery receipt.

6. Heard the learned counsel for the petitioner and Mrs. Geetha, learned Additional Government Pleader for the respondents. I have also gone through the documents and judgments referred to by them in support of their submissions.

7. The learned counsel for the petitioner while reiterating the averments contained in the petition submitted that the notices under Section 9(4) and the draft statement under Section 9(1) were affixed