T.S.SIVAGNANAM, R.N.MANJULA
Government of Tamil Nadu – Appellant
Versus
R. Ekambaram, S/o. Raji Naicker – Respondent
JUDGMENT :
T.S.SIVAGNANAM, J.
1. This appeal filed by the State is directed against the order passed in W.P.No.7125 of 2004 dated 30.11.2012.
2. The said writ petition was filed by the first respondent herein for issuance of a Writ of Certiorari to quash the proceedings dated 04.03.2002 in S.R.No.249/96C. By the said proceedings, the competent authority under the provisions of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (hereinafter referred to as “the Act”) held that an extent of 3900 square meters of vacant land in Zamin Pallavaram village in Survey Nos.172/1, 172/3 and 172/6B, an extent of 500 square meters are allowed for the family entitlement of the first respondent and the balance extent of 3400 square meters is directed to be acquired under Section 9(5) of the Act.
3. The writ petition was filed raising several grounds and primarily on the ground that the actual physical possession of the land in question continued to remain with the land owner and the Act having been repealed by Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 (No.20 of 1999) (hereinafter referred to as “the Repeal Act”) and in terms of Section 4 of the Repeal Act, the entire pr
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