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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice N.ANAND VENKATESH, J
Madipakkam North East Residents' Welfare Association rep.by its President Mr.M.Anbalagan – Appellant
Versus
State Of Tamil Nadu – Respondent
ORDER :
N.Anand Venkatesh, J.
W.P.No.18333 of 2019 has been filed by a residents' welfare association challenging the proceedings dated 28.10.1999 issued by the second respondent namely the Assistant Commissioner of Urban Land Ceiling & Tax-Alandur, Chennai-88 and to declare the proceedings initiated under Section 4 of the Tamil Nadu Urban Land (Ceiling & Regulation) Repeal Act (Act 20 of 1999) (for short, the Act) in respect of the property belonging to the members of the petitioner association, who are residents of Survey No.105/2, Madipakkam Village (Rajaji Nagar), Chennai.
2. W.P.No.4862 of 2025 has been filed by an individual challenging the proceedings of the Assistant Commissioner of Urban Land Ceiling and Tax, Chennai-88 dated 18.12.2024 and for a direction to respondents 1 to 3 to grant no objection to the fourth respondent to mutate the revenue records in the name of the petitioner in respect of the property measuring 2,520 sq.ft situated in plot No.112, Rajaji Nagar 1st Street comprised in Old Survey No.105/2, New Survey No.105/111 as per patta No.371, Madipakkam Village, Sholinganallur Taluk, Chennai District.
3. The petitioner in WP.No.4862 of 2025 also owns lands in the s
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.
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 ....
Possession must be taken in accordance with statutory requirements; failure to do so invalidates acquisition proceedings under the Repeal Act.
The legal proceedings under the Tamil Nadu Urban Land (Ceiling and Regulations) Act, 1978 will get abated unless physical possession is taken prior to 16.06.1999.
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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