ORDER :

This writ petition has been filed to issue a Writ of Declaration, declaring the proceedings dated 30.03.1990 in Rc.No.491 of 1989 of the 3rd respondent herein as void and abated in view of the Tamil Nadu Urban Land Ceiling Regulation Repealing Act 20 of 1999.

2. The first deceased petitioner along with second petitioner have purchased the property to an extent of 0.65 acres comprised in Survey No.526/3, to an extent of 1.29 acres in Old Survey No.527/3 and New Survey No.527/3A and to an extent of 12 cents in New Survey No.527/3B by a registered sale deed dated 09.09.1999 from one Anbalagi, wife of Chockkalinga Nadar. From the date of purchase, they are in possession and enjoyment of the said property. In fact, after purchasing the said property, in respect of registration of sale deed, they were issued notice under Section 47-A of the Indian Stamps Act to pay deficit stamp duty. On payment of deficit stamp duty, the Registering Authority released the document. Thereafter, the petitioners applied for patta and came to understand that the subject land was notified under the Tamil Nadu Urban Land Ceiling and Regulation Act, 1978 (hereinafter called as "the Act"). Thereafter, they applied for information under Right to Information Act and came to understand about the impugned proceedings.

3. The learned counsel for the petitioners would submit that a notice under Section 7(2) of the Act was affixed which was addressed to one Tmt.Chellammal, wife of Chinnadurai, thereby calling upon her to file a return under Section 7(1) of the Act for the land comprised in Survey Nos.527/3, 526/3 situated at Kundrathur Village.

4. On receipt of the same, she did not file any return, therefore the draft notice under Section 9(1) and with 9(4) of the Act was affixed on the address of the said Chellammal, thereby, she was allowing to an extent of 500 Square Metres out of the total extent of 8200 Square Metres. Since, no objections were raised by her, an excess vacant land was acquired as excess land.

5. The Form VII was affixed and thereby informed that the excess land was vested with the State Government under Section 11(3) of the Act. In fact, while the proceedings were pending, she died and the notice under Section 11(5) of the Act was affixed in the name of the said Chellammal. Thereafter, no physical possession has been taken over and the petitioners are the bonafide purchasers for valid sale consideration. From the date of their purchase they wee in possession and enjoyment of the property as no physical possession has been taken over by the respondents.

6. In support of her contention, she relied upon the Judgment reported in 2021 SCC Online Madras 2853 A. Abdul Rahim and others Vs. Special Commissioner and Commissioner Urban Land Ceiling and Urban Land Tax and Another and 2015 (3) LW 640 Mrs. P. Chandrika Vs. The Commissioner, Commissioner of Urban Land Ceiling and Urban Land Tax, Ezhilagam, Chepauk, Chennai - 5 & another.

7. The respondents filed counter and stated that one Chellammal owned an extent of 8200 sq.mts of excess vacant land in Survey No.526/3 (0.65 Acres), 527/3 (1.61 Acres) of Kunrathur Village. Since the land owners failed to file the return under Section 7(1) of the Act, a notice under Section 7(2) of the Act was issued by the third respondent in S.R.No.906/98 dated 10.08.1988 to the urban land owner Chellammal in respect of Survey Nos.526/3, 527/3 of Kunrathur Village. It was served on 03.12.1988 by the Village Administrative Officer, Kunrathur. The Deputy Tahsildar of the third respondent's Office inspected the case land on 13.01.1989 and reported that the case land was converted as urban land.

8. On the basis of revenue records and based on the inspection report of the Deputy Tahsildar attached to the third respondent's office, a notice under Section 9(4) with draft statement under Section 9(1) of the Act was issued to the land owner Chellammal by the third respondent in his Rc.No.491/89(A), dated 01.04.1989. The same was