IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2021

CORAM :

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

W.P.NOS.8881 & 8882 OF 2014

AND

M.P.NOS.1 & 1 OF 2014

S.Kalyan Kumar

... Petitioner in

W.P.No.8881/2014

P.K.Kumar

... Petitioner in

W.P.No.8882/2014

-Vs-

1. The Secretary to Government,

Government of Tamil Nadu,

Revenue Department,

Fort St. George,

Chennai – 600 009.

2. The Commissioner,

Commissioner of Land Reforms,

Chepauk,

Chennai – 600 005.

3. The District Revenue Officer,

Collectorate Building,

Coimbatore – 941 018.

... Respondents in

both W.Ps

COMMON PRAYER:-

The Writ Petitions are filed under Article 226 of the

Constitution of India praying for the issuance of a Writ of

Mandamus, to direct the respondents not to interfere with the

possession of the petitioners' property situated at Site No.2

and 1A respectively, at Survey No.570/A2 in Nabi Nagar,

Chettipalayam, Coimbatore since the same stand abated consequent

to the repeal of the Principal Act by the Tamil Nadu Urban Land

(Ceiling and Regulation) Repealing Act, 1999.

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For Petitioner : Mr.C.Anandaramani

in both WPs

For Respondents in both WPs

For R1 to R3

: Mr.Richardson Wilson

Government Advocate

COMMON ORDER

These Writ Petitions have been filed to direct the

respondents not to interfere with the possession of the

petitioners' property situated at Site No.2 and 1A respectively,

at Survey No.570/A2 in Nabi Nagar, Chettipalayam, Coimbatore.

2. The petitioners averred in their affidavit that they are

the absolute owners of the properties and they are regularly

paying tax to the concerned authorities. While being so, on

28.02.2014, the Village Administrative Officer informed that the

lands owned by the petitioners have come under the Land Ceiling

Act and asked to vacate the same. In this regard, the

petitioners did not receive any notice and also no notification

has been issued by the Government. Therefore, the petitioners

sent representation dated 03.03.2014 to the third respondent

seeking not to interfere with their possession. Since the same

were not considered by the respondents, the petitioners

approached this Court by way of these Writ Petitions.

3. On perusal of the counter filed by the respondents, it is

averred as follows :-

“4. It is submitted that since the lands in

question were attracted by the provisions of the

Tamil Nadu Urban Land (Ceiling and Regulation)

Act, 1978 (herein after referred as “Act”) the

urban land owners had also filed return under

Section 7(1) of the Act in Form-I on 13.09.1978.

During the inspection, the competent authority

found that the excess vacant lands were to be

acquired under the Act. Hence notices under

Section 9(1) and 9(4) of the Act, dated

24.07.1986 were served on the urban land owners

on 03.08.1986. Meanwhile, the unregistered

agreement entered between M/s. Anna Veettumanai

Vazhangum Sangam and Thiru C.V.Venugopal was

executed on 07.02.1982 ie., after eforcement of

the Act on 03.08.1976. After implementation of

the Act only, the said sangam applied for grant

of exemption. As the said sangam did not own any

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land prior to 03.08.1976 and the sangam had only

proposed to purchase the land in question, the

said sangam was not the urban land owner. Hence,

the exemption petition was dismissed vide the

Special Commissioner and Commissioner of Land

Reforms Proceedings under Section 9 to 11 of the

Act to acquire the excess vacant land vide

Special Commissioner and Commissioner (Land

Reforms) J1/42184/1989, dated 23.01.1990. Hence

orders under Section 9(5) of the Act was issued

by the Competent Authority vide his proceedings

No.5803/1984/E2, dated 19.06.1990 to acquire the

excess vacant land. As no appe