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2021 Supreme(Mad) 3184

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J.
B.S.Saravanan - Petitioner
Versus
The State of Tamilnadu, rep. by its The Secretary to Government, Revenue Department and ors. – Respondents
WP.No.4006 of 2014 and MP.No.1 of 2014
Decided On : 27-08-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr.K.Premkumar
For the Respondent:Mr.M.R.Gokul Krishnan, Government Advocate

Headnote:

Tamil Nadu Urban Land (Ceiling & Regulations) Repeal Act, 1999 – Section 4, 9(1), 7(3), 7(1), 11(3), 11(5), 9(4), 9(5) and 11(5) – Sale deed – Land – Property - Case of petitioner is that petitioner's land having purchased by way of two sale deeds registered vide document at Office of Sub Registrar - He laid out same into house plots - One of house plots was purchased by one, by registered sale deed registered vide document - She died intestate leaving behind her husband, sons, daughter as her legal heirs to succeed her estate - Husband and one daughter have relinquished their right in favor of other two brothers by release deed registered vide document - In turn, the petitioner purchased the said property from them by registered sale deed registered vide document - In pursuant to the said sale, the petitioner applied for patta for the subject property and he was refused to issue patta for reason that said subject property was under proceedings of Land Ceiling Act – Held, On perusal of counter and documents, it would show that only paper possession or symbolic possession was taken by authorities, whereas physical possession was not at all taken from petitioner in occupation of subject property at any point of time - Act of vesting has to be followed by taking over possession and is not simultaneous - There is no deemed actual physical possession, which has to be accomplished later on either through Section 11(5) or Section 11(6) of the Ceiling Act - Hon'ble Division Bench of this Court also observed that the Act was an Act of confiscation of land being excess and surplus area, over and that prescribed therein, but when Repeal Act came, the very purpose of the Repeal Act was to save land of which possession had not been taken - Therefore, impugned proceedings cannot be sustained and are liable to be quashed - In the result, writ petition is allowed.

ORDER :

This writ petition has been filed to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings viz., (1) Order issued under Section 9(5) in No.C1/2261/85 dated 27.09.1986 and (2) order issued under Section 11 in No.B1/2261/85 dated 11.03.1991 passed by the third respondent and quash the same as null and void and stands abated in view of Section 4 of the Tamil Nadu Urban Land (Ceiling & Regulations) Repeal Act, 1999 (namely T.N.Act 20 of 1999) and consequently direct the fourth respondent to issue patta in favour of the petitioner in respect of his property viz., the vacant plot of land bearing plot No.6, Block No.3, comprised in Old Survey No.2, Town Survey No.12/part, sub-divided survey No.12/1C and 1D measuring 2686 sq.ft. situated at Sembiam Village, Telephone Colony, Chennai.

2. The case of the petitioner is that the petitioner's land comprised in Old Survey No.2, Sembiam Village to an extent of 23 grounds and 1760 sq.ft originally belong to one M.Subramaniam, having purchased by way of two sale deeds dated 07.11.1968 and 25.11.1968 registered vide document Nos.4103 of 1968 and 4342 of 1968 at the Office of the Sub Registrar, Sembium. He laid out the same into house plots. One of the house plots was No.6 purchased by one, Gandhamani by the registered sale deed dated 15.06.1981 registered vide document No.2807 of 1981. She died intestate on 13.11.1988 leaving behind her husband, sons, daughter as her legal heirs to succeed her estate. The husband and one daughter have relinquished their right in favour of other two brothers by the release deed dated 19.12.2011 registered vide document No.5261 of 2011. In turn, the petitioner purchased the said property from them by the registered sale deed dated 13.12.2012 registered vide document No.3656 of 2012. In pursuant to the said sale, the petitioner applied for patta for the subject property and he was refused to issue patta for the reason that the said subject property was under the proceedings of the Land Ceiling Act. In fact, other persons who purchased the remaining plots, constructed house and obtained electricity, water and drainage connections and also assessed the property tax by the Corporation of Chennai. Therefore, the petitioner filed his application seeking information under the Right to Information Act.

2.1 The further case of the petitioner is that the second respondent by his reply dated 11.12.2013, furnished the copies of the proceedings initiated under Sections 9 (5) and 7(5) of the Tamilnadu Urban Land (Ceiling & Regulations) Act, 1978 (hereinafter called as 'the Act'). The said proceedings revealed that the proceedings under the Act has been initiated under Section 7 (3) of the Act on 10.08.1981 directing erstwhile owner of the said property to file his statement in Form-I as required under Section 7(1) of the Act. In fact, the Sub Registrar reported vide Form-I, the sale deeds executed in favour of several persons. The draft statement under Section 9(1) of the Act states that an extent of 3854.7 sq.meters in RS.No.12/1C, 12/1D of Block 3 of Sembiam Village was declared to be in excess of ceiling limits. Notice under Section 9(4) of the Act was issued to the said M.Subramaniam (erstwhile) on 08.11.1983 and the same was returned as unserved. Again fresh notice was sent to him and the same was received on 06.05.1986. On receipt of the same, statutory time limit of 30 days expired on 04.06.1986 determining the extent of the excess land. Thereafter Form VII notice under Section 11(3) of the Act was sent to him. Thereafter, no compensation was paid to him.

3. The respondents filed counter and stated that the petitioner is the subsequent purchaser of the subject property and as such he has no locus to question the acquisition proceedings. The present writ petition has been filed only in the year 2014. The original owner of the property i.e. vendor of the subject property did not file any objection to the acquisition proce

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