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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY
R. Sharmila D/o Late Rajaram – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. The petitioners are siblings. Their mother, Susila Rajaram, purchased 2017 sq.ft. of land in old S.Nos.209/2 and 209/2B corresponding to new S.Nos.209/2A2, 209/2B1 & 209/2B2 in Plot no.22, Annai nagar Annexe, Korattur village. Such purchase was under sale deed dated 07.02.2013 executed by one Mrs.V.Gayathri. The petitioners assert that they inherited the property on her death on 15.06.2021 as her only class I legal heirs, and that their family is in possession and enjoyment of the property since the date of purchase. It is also stated that it was discovered that the property is the subject matter of proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (the TN Urban Land Ceiling Act) when the petitioners' mother had applied for mutation of patta. By further asserting that proceedings under the TN Urban Land Ceiling Act have abated and that the savings clause does not come to the aid of the State, the present writ petition has been filed for a mandamus directing the respondents to treat the land ceiling proceedings as having abated.
2. Learned counsel for the petitioners submits that the TN Urban Land Ceiling Act provides for the issuance of notice
Actual physical possession must be established for the abatement of proceedings under urban land ceiling statutes; mere paper possession is insufficient.
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 ....
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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