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2023 Supreme(Mad) 3137

D. KRISHNAKUMAR, P. B. BALAJI
State of Tamilnadu, Rep. by the Secretary, Revenue & Urban Land Department, Chennai – Appellant
Versus
S. Shanmugasundaram – Respondent


Advocates:
For the Appellants :U.M. Ravichandran, Spl. G.P. For the Respondents:R. Ganesh Kumar, Advocate.

JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of Letter Patent to set aside the order passed in W.P.No.95 of 2006 dated 20.04.2012 on the file of this Court.

P.B. Balaji, J.

1. This intra court writ appeal has been preferred by the State, aggrieved by the order passed by the writ court in W.P.No.95 of 2006 dated 20.04.2012.

2. The Writ Petition was filed seeking issuance of a writ of Certiorarified Mandamus to quash the proceedings dated 18.12.1992 and to consequently forbear the appellants herein from interfering with the peaceful possession and enjoyment of the respondents, relating to petitioner’s house site property. The writ court found that on the date of repeal of The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 possession was with the respondent/writ petitioner and on that ground allowed the Writ Petition.

3. The main ground of challenge to the order of the writ court, in the present writ appeal, is that the department had taken possession of the property and all statutory notices had been served on the original owner and therefore the repeal of the parent Act would not have any bearing.

4. We have heard Mr. U.M Ravichandran, Special Government Pleader for the a

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