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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. JUSTICE N. ANAND VENKATESH, J
S.Gnanasigamani – Appellant
Versus
Special Commissioner and Commissioner Urban Land Ceiling and Urban Land Tax – Respondent
ORDER :
N. Anand Venkatesh, J.
This writ petition has been filed challenging the proceedings of the second respondent dated 17.08.1989 issued under Section 9(5) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 [hereinafter 'said Act' for brevity] and to treat the proceedings as abated under Section 4 of the Tamil Nadu Urban Land (Ceiling & Regulation) Repeal Act, (Act 20 of 1999) [for brevity 'Repeal Act'].
2. The case of the petitioner is that the subject property is an agricultural land and it originally belonged to one Punniyakodi Pillai, who in turn had sold the properties to Tajuddin on 08.09.1982, who is one of the partner under the partnership firm known as "Mars Brick Works". The said Tajuddin released his share to his co-partners who are five in number, and by subsequent sale, the total extent of 1.68 acres of property was allotted to M/s.Salem Polloteine Society, who had raised banana plantation in the said property, from whom, the property came to the hands of the petitioner vide five registered sale deeds dated 16.03.2007 on the file of Sub Registrar Office, Kundathur, and ever since, he has been in continuous enjoyment of the said property.
3. It is brought
Possession must be taken in accordance with statutory requirements; failure to do so invalidates acquisition proceedings under the Repeal Act.
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 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....
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