Possession must be taken in accordance with statutory requirements; failure to do so invalidates acquisition proceedings under the Repeal Act.

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 to the notice of the Court that the proceedings of the second respondent dated 27.01.1986 has issued under Sec.9(5) of the Act in the name of erstwhile owner Punniyakodi Pillai declaring excess vacant land of 20,500 sq.mtr., after entitlement of 1500 sq.mtr., in Sy.Nos.511/1, 511/2 and 521 measuring a total extent of 22,000 sq.mtr., This was challenged in an appeal before the first respondent herein and that came to be allowed in part, vide order dated 29.06.1987, dismissing the proceedings of the second respondent. Even thereafter, though the subject property is now under the ownership of the petitioner, the second respondent had passed the impugned revised proceedings dated 17.08.1989, in the name of the erstwhile owner Punniyakodi Pillai, declaring excess vacant land of 7,950 sq.mtr after the entitlement of 1500 sq.mtr. in Survey Nos.511/1 and 511/2 measuring an total extent of 9,450 sq.mtr. The said acquisition is challenged in the present writ petition.

4. The petitioner would contend that though Act 24 of 1978 was repealed by the State Act 20 of 1999, the proceedings of the second respondent in the name of the erstwhile owner is abated, as the petitioner is now in physical possession and enjoyment of the subject property.

5. The respondents have filed the counter affidavit. It is stated in the counter affidavit that one Punniyakotti Pillai had filed returns under Section 7(1) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 for the lands held by him in R.S.Nos.511/1 & 511/2 . A notice under Section 7(2) of the Act was issued on 16.08.1983 to Punniyakoti and he appeared in person on 19.04.1984 and 13.09.1984. The Adangal extract from Fasli 1389 to 1394 showed that the lands were not continuously cultivated and sales made after 03.08.1976 were null and void as per Section 6 of the Act. Thereafter, notice under Sec.9(4) and draft statement under Sec.9(1) was served on him on 08.07.1985 by registered post. Since no objection was received from Punniyakoti, subsequent notices dated 27.09.1985 and 18.10.1985 were sent to him through RPAD and in response to the same, he appeared before the competent authority and furnished the statement on 13.09.1984. Admittedly, an appeal was filed by the erstwhile land owner and the proceedings of the second respondent originally issued was set aside vide by order dated 29.06.1987. Following which, several enquiry notices were issued to the erstwhile owner, who responded to it and appeared before the Competent Authority on 18.8.1988 and submitted his written statement requiring the authority to treat his land measuring 3.10 acres in S.No.511/2 as agricultural lands. Thereafter, the second respondent had passed the impugned proceedings dated 17.09.1989 deleting the aforementioned 3.10 acres of land and ar