IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05..04..2024 Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.11393 of 2020 and W.M.P.No.13905 of 2020

1.Smt.S.Shanthadevi

2.S.Veeraraghavan ..... Petitioners -Versus-

1.The Principal Commissioner & Commissioner, Land Reforms, Chepauk, Chennai 600 005.

2.The Assistant Commissioner /

Competent Authority, Urban Land Ceiling and Urban Land Tax, No.153, Karuneegar Street, Adambakkam, Chennai 600 088.

3.The Tahsildar, Tamil Nadu Housing Board (Sholinganallur), Old Mahabalipuram Road, Chennai 600 119. ..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondents especially, the order of the 2nd respondent under sections 9 (5) and 10(1) dated 13.12.1990 and 28.11.1991 respectively in Ref.S.R.479/85/

Nanmmangalam and notice under section 11 (5) dated 27.07.1992 in Ref.No.3335/90-A in respect of land measuring an extent of 61 cents comprised in Survey No. 188/ 4B of Nanmanagalam Village, Sholinganallur Taluk Chennai- 600 119 and to quash the same by treating the proceedings referred above as abated under section 4 of the Tamilnadu Urban Land( Ceiling and regulations) Repeal Act (Act 20 of 1999 ) and to further direct the 3rd respondent to incorporate the name of the 2nd petitioner as owner of the land referred to above in all the revenue records wherever required.

For Petitioner(s) : Mr.V.Ramesh for Mr.T.Thiyagarajan For Respondent (s) : Mr.P.Sathish, AGP for RR1 to 3

ORDER

CHECK PETITIONER/S This writ petition has been filed challenging the order of the 2nd respondent under sections 9 (5) and 10 (1) dated 13.12.1990 and 28.11.1991 respectively in Ref.S.R.479/85/Nanmangalam and notice under section 11 (5) dated 27.07.1992 in Ref.No.3335/90-A in respect of land measuring an extent of 61 cents comprised in Survey No.188/ 4B of Nanmanagalam Village, Sholinganallur Taluk Chennai- 600 119 and for a consequential direction to the 3rd respondent to incorporate the name of the 2nd petitioner as owner of the land referred to above in all the revenue records wherever required.

2. It is the case of the petitioner that her husband – late M.Santhanakrishnan became entitled to the property comprised in S.No.188/4B situated at Nanmanagalam Village, Sholinganallur Taluk. After the demise of her husband, she (1^st petitioner) had become entitled to succeed the property in S.No.188/4B stated supra.

3. It is the further case of the petitioners that on the death of the husband of the 1^st petitioner, she became entitled to the estates of her husband including the property in S.No.188/4B and that she had settled a portion of that property in favour of her brother, the 2^nd petitioner herein on 11.02.2017 by way of settlement deed dated 09.02.2009. After such settlement, when the 2^nd petitioner took steps to mutate his name in the revenue records, she and the 2^nd petitioner came to know that the land in S.No.188/4B had been acquired under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1976 [for short “the ULC Act”]. When certified copies were applied, they came to know that none of the provisions of the ULC Act before the acquisition of land were followed. Rule 8 of the Tamil Nadu Urban Land (Ceiling and Regulation), 1978 was also not complied with.

4. It is the further case of the petitioner that though the adjacent land of the petitioner comprised in S.Nos.188/1A, 1882A, 1883A1 & 188/4A belonging to one Mrs.Varalakshmi were originally acquired, pursuant to the orders of this court in W.P.No.15501 of 1993, Mrs.Varalakshmi, had preferred an appeal under Section 33 of the ULC Act and the the 1^st respondent by his order dated 12.09.1996 excluded the lands belonged to the said Varalakshmi under Section 3(o)(2) of the ULC Act as it was agricultural land. The possession of subject matter of land was never taken by the 2^nd respondent from the petitioners.

5. It is the further case of the petitio