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N. SATHISH KUMAR
S. Shanthadevi – Appellant
Versus
Principal Commissioner & Commissioner – Respondent
ORDER :
CHECK PETITIONER/S
This writ petition has been filed challenging the order of the 2nd respondent under sections 9 (5) and 10 (1) dated 13.12.1990 and 28.11.1991 respectively in Ref.S.R.479/85/Nanmangalam and notice under section 11 (5) dated 27.07.1992 in Ref.No.3335/90-A in respect of land measuring an extent of 61 cents comprised in Survey No.188/4B of Nanmanagalam Village, Sholinganallur Taluk Chennai- 600 119 and for a consequential direction to the 3rd respondent to incorporate the name of the 2nd petitioner as owner of the land referred to above in all the revenue records wherever required.
2. It is the case of the petitioner that her husband – late M.Santhanakrishnan became entitled to the property comprised in S.No.188/4B situated at Nanmanagalam Village, Sholinganallur Taluk. After the demise of her husband, she (1st petitioner) had become entitled to succeed the property in S.No.188/4B stated supra.
3. It is the further case of the petitioners that on the death of the husband of the 1st petitioner, she became entitled to the estates of her husband including the property in S.No.188/4B and that she had settled a portion of that property in favour of her brother, the 2n
The requirement of serving notice under the Tamil Nadu Urban Land (Ceiling and Regulation) Act is mandatory, and failure to comply invalidates the acquisition proceedings.
Mandatory notice under ULC Act is essential; lack of due process invalidates claims of possession by the state over land.
An unregistered agreement to sell does not confer ownership rights or legal standing to contest proceedings under the Urban Land (Ceiling and Regulation) Act, making any claims based on such agreemen....
The court ruled that failure to serve mandatory notices to legal representatives in surplus land proceedings renders such proceedings void, violating principles of natural justice.
The main legal point established in the judgment is the binding nature of a decree passed by a competent court, the admission by the State that the previous owners were not the true owners, and the v....
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