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D. KRISHNAKUMAR, P. B. BALAJI
A. Chammundeswari – Appellant
Versus
State of Tamil Nadu, Rep. by the Commissioner of Urban Land Ceiling & Tax Ezhilagam, Chennai – Respondent
JUDGMENT
(Prayer: Appeal filed under Clause 15 of Letter Patent praying to set aside the order passed by this Court in W.P.No.10553 of 2018 dated 26.04.2018.)
P.B. Balaji, J.
1. This Intra-court appeal has been preferred by the unsuccessful writ petitioners.
2. The writ petitioners, contending that they are entitled to the benefits of Section 3(2) of The Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act,1999 sought for issuance of a writ of declaration in that regard and to consequently direct the 2nd respondent to effect mutation of revenue records pertaining to the property that was subject matter of excess urban land.
3. The case of the writ petitioners was that originally the property belonged to the husband of the 1st writ petitioner, father-in-law of the 2nd writ petitioner and Grandfather of the 3rd and 4th writ petitioners, one Arumugam, who had become entitled to the same way back in the year 1960 in a family partition. The respondents initiated proceedings under The Tamil Nadu Urban Land (Ceiling and Regulation)Act, 1978, alleging excess vacant land being available at the hands of the writ petitioners. Proceedings culminated in issuance of Section 11(5) notice under th
The main legal point established in the judgment is the significance of physical possession under the Repeal Act and the inapplicability of delay and laches after the repeal of the parent Act.
It is incumbent upon the competent authority to be in actual possession of the property for substantiating its stand that the provisions of repeal Act would not be applicable.
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 main legal point established is that physical possession must comply with statutory procedures, and subsequent purchasers are entitled to challenge urban land ceiling proceedings after the repeal....
Possession must be taken in accordance with statutory requirements; failure to do so invalidates acquisition proceedings under the Repeal Act.
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