This writ petition is filed to call for the entire records in pursuance of the second respondent impugned order in Na.Ka.No.2663/96-C, dated 30.8.1996, served on the petitioner on 2.11.2004 and to quash the same.
2. The petitioners 7 in number claim to be the legal heirs of one Lakshmi Ammal. She was the owner of the property in Survey No. 87/2-A-1 and 87/2-A-1-A comprised in patta No. 86 Nemilicherry Village, Tambaram Taluk. The property devolves on the petitioners by inheritance. It appears that the respondents have initiated proceedings under the Tamil Nadu Urban Land Ceiling and Regulation Act 24 of 1978 declaring certain extent of land as excess land by proceedings in Na.Ka.No. 2663/90-C, dated 30.8.1996 . It is stated in the said order that separate proceedings have been taken in terms of
Section 10(1) of the Act viz., final settlement. At this stage, the writ petition has been filed by the legal heirs stating that the possession of the property has not been taken over and that the proceedings have been initiated against a dead person and hence invalid. It is an admitted case that the said Lakshmi Ammal died on 2.11.1959. This is borne out from the death certificate dated 3.10.2008 issued under Form-10 by the competent authority.
3. As per the counter affidavit, notice under
Section 7(2) of the Act was issued on 1.3.1996 and notice under
Section 11(5) of the Act is said to be issued on 1.2.1998 on the owner of the property calling upon her to surrender vacant land i.e. after the death of Lakshmi Ammal . Admittedly, this could not have happened as the said Lakshmi Ammal died in 1959 i.e. 40 years before the issuance of the notice.
4. In such view of the matter, all proceedings against the dead person have to be declared as null and void and in view of the Repeal Act 20 of 19999, the proceedings contemplated under the Tamil Nadu Urban Land Ceiling Act 24/1978 abates as possession of the property has not been taken. Consequently, the petitioner is entitled to the relief as sought for. This writ petition is allowed with all consequential benefits. Consequently, WP.M.P.No. 1540 of 2006 is closed. No costs.