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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
K. Srimathi – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Department of Revenue and Disaster Management – Respondent
ORDER :
N. ANAND VENKATESH, J.
The issue involved in both these writ petitions are common and hence, both the writ petitions are heard and disposed of through this common order.
2. The petitioners have approached this Court challenging the impugned memorandum dated 19.06.2023 and also for a consequential direction to the third respondent to issue 'No Objection Certificate' to the petitioners to the effect that the subject property is exempted from the proceedings initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (for brevity, hereinafter referred to as 'the Act') in line with the proceedings of the third respondent dated 19.04.1983.
3. The case of the petitioners is that one Sundara Swamigal was the urban land owner and he owned a vacant land measuring 9.54 acres in S.No.7/3 of Saravanampatty Village, Coimbatore. He converted the land into a layout by sub-dividing it into 148 plots and it was named as "Deeviga Nagar". Insofar as W.P.No.32510 of 2024 is concerned, vacant plots were purchased by the husband of the first petitioner and father of second and third petitioners through a registered sale deed dated 31.07.1976. Insofar as W.P.No.3916 of 2024, vacant p
The sale deeds executed before the cutoff date establish ownership regardless of subsequent registration, entitling the petitioners to exemption from acquisition.
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.
Possession must be taken in accordance with statutory requirements; failure to do so invalidates acquisition proceedings under the Repeal Act.
Mandatory government permission is required for holding and transferring land in excess of ceiling limits under the Land Ceiling Act, with unauthorized sales deemed invalid.
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.
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