The sale of land after the enactment of the Tamil Nadu Urban Land (Ceiling and Regulation) Act is null and void, and the Repeal Act does not affect completed acquisition proceedings.

JUDGMENT

(Judgment of the Court was delivered by P.VELMURUGAN,J.)

The appellants herein filed a writ petition in W.P.(MD)No.25438 of 2018 before the Writ Court for the issuance of a Writ of Mandamus, directing the respondents therein to convert the classification of land from surplus into patta land in respect of housing plot Nos.3, 18, 21, 41, 44, 49, 64, 68, 104, 106, 107, 125, 129, 157, 169, 180, 181, 184, 193, 198, 199, 209 and 236 at Arjuna Nagar comprised in S.No.53/2 pt. to an extent of 0.52.00 hectare, S.No.54/2 to an extent of 0.95.50 hectare and S.No.55/pt. to an extent of 0.93.00 hectare, totally, to an extent of 2.40.50 hectares situated at Melapalayam Village, Tirunelveli District and issue patta pursuant to the order passed in W.P.(MD)No.621 of 2013 dated 18.02.2024. After hearing both sides, the learned Single Judge, by order dated 17.06.2019, dismissed the writ petition as it is a second round of litigation. However, the learned Single Judge has observed that the earlier order passed in the writ petition filed by the writ petitioners in W.P.(MD)No.621 of 2013 dated 18.02.2014 has become final and therefore, the respondents are directed to consider the aforesaid developments, pass orders on merits and in accordance with law at the earliest. Challenging the order dated 17.06.2019 passed in W.P. (MD)No.25438 of 2018, the writ petitioners have filed the present Writ Appeal.

2. It is the case of the writ petitioners/appellants that the ayan punja lands comprised in S.No.53/2 part to an extent of 0.52.00 hectare, S.No.54/2 to an extent of 0.95.50 hectares and S.No.55/pt to an extent of 0.93.00 hectare, totally, to an extent of 2.40.50 hectares, originally belonged to one Appakutty Thevar. After his demise, his legal heirs, one Lakshmana Thevar and others had inherited the properties and subsequently, they sold the same to the writ petitioners' family members, under a registered sale deed dated 13.04.1983. From the date of sale, they were in possession and enjoyment of the same by converting the said lands into housing plots in the name of “Arjuna Nagar” Layout and they had executed necessary gift deeds, donating the lands for public street and for public purpose to the then Commissioner of Melapalayam Municipality. Thereafter, the layout was approved by the competent authority in the year 1987 and they sold more than 90% of the above said plots to various persons and now, they owned the remaining plots in Plot Nos.3, 18, 21, 41, 44, 49, 64, 68, 104, 106, 107, 125, 129, 157, 169, 180, 181, 184, 193, 198, 199, 209 and 236.

2.1. While so, they came to know that the 3^rd respondent herein initiated proceedings under the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978 (hereinafter referred to as “the Act”), against the original land owner Lakshmana Thevar and thereafter, passed an order on 02.11.1988 declaring the above said lands and other lands as surplus lands and also directed the said Lakshmana Thevar to surrender the possession of the said lands. The said Lakshmana Thevar informed that the above said lands were sold to the writ petitioners/appellants and they have converted the lands into housing plots. Despite knowing well the fact that the writ petitioners/appellants purchased the property and they are in physical possession of the property, the 3^rd respondent herein has not served any notice to the writ petitioners/appellants and has not initiated any proceedings against them for taking physical possession. While being so, the Tamil Nadu Urban Land (Ceiling and Regulation) Act, has been repealed by the Government through the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act (20 of 1999) (hereinafter referred to as “the Repeal Act”). As per Section 4 of the Repeal Act, all the proceedings relating to any order made or purported to be made under the principal Act pending immediately before the commencement of this Act before any Court, Tribunal or any authority shall abate and as per Section 3 of the Repe