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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
| Table of Content |
|---|
| 1. inheritance of property and possession (Para 1) |
| 2. argument against forcible possession (Para 2 , 3) |
| 3. state's argument on maintainability (Para 4 , 5) |
| 4. interpretation of possession in the tn urban land ceiling act (Para 6 , 7 , 8 , 9) |
| 5. consequences of possession not taken by state (Para 10 , 11) |
| 6. assessment of physical possession based on records (Para 12 , 13) |
| 7. conclusion on abatement of land ceiling proceedings (Para 14) |
| 8. final order without costs (Para 15) |
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 Lan
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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