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S. M. SUBRAMANIAM
V. Ramkumar – Appellant
Versus
State of Tamil Nadu, Represented by its Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the third respondent in SR N.65/90/A dated 11.01.1991 and quash the same and consequently forbear the respondents 1 to 3 from taking any action under the Urban Land Ceiling Act in respect of the lands belonging to the petitioners comprised in Survey No.557/2 of Pallikaranai Village, Sholinganallur Taluk, Chennai District.)
1. The relief sought for in the present writ petition is to call for the records pertaining to the impugned order passed by the third respondent in SR N.65/90/A dated 11.01.1991 and quash the same and consequently forbear the respondents 1 to 3 from taking any action under the Urban Land Ceiling Act in respect of the lands belonging to the petitioners comprised in Survey No.557/2 of Pallikaranai Village, Sholinganallur Taluk, Chennai District.
2. The petitioners state that they are the owners of the land measuring about 20 cents comprised in S.No.557/2 situated at Pallikaranai Village, Sholinganallur Taluk, Chennai District, which is the subject property. T
Proper service of notice and establishment of possession under the Land Ceiling Act are crucial for the government's entitlement to the land, and failure to comply can lead to the extension of benefi....
Section 11(3), the State Government has to take further action for taking possession of the land, if land owner or any person in possession refuses or fails to surrender or deliver possession of the ....
The court held that land acquisition proceedings lapse if the statutory procedure for taking possession is not followed, emphasizing the need for physical possession as mandated by law.
The lack of physical possession and non-payment of compensation void acquisitions under urban land ceiling laws, entitling landowners to compensation under newer frameworks.
Actual physical possession must be established for the abatement of proceedings under urban land ceiling statutes; mere paper possession is insufficient.
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