The Writ Petition is filed praying to issue a Writ of Declaration, declaring that the petitioner is entitled for the benefit of Repeal Act 20 of 1999 under Sections 3 and 4 of the said Act and entitled to hold the property as a free hold property free from Urban Land Ceiling Regulation Act, 1978 and also the Repeal Act 20 of 1999 in furtherance of the Order passed by the first respondent under Ref.No.G2/18381/2004 dated 19.01.2005 in respect of his land measuring 0.44 cents comprised in Survey No.18/2 at Selaiyur village, Tambaram Taluk, Kancheepuram District.
2. Petitioner is the owner of agricultural land measuring to an extent of 0.44 cents in Survey No.18/2 situated at old No.173, Selaiyur village. Petitioner got the said land from one Mr.Ranganathan who is the petitioner in W.P.No.3246 of 2005 and who sold major portion of his land to others including the petitioner. As against the original owner Ranganathan, the proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 were initiated and has been challenged in W.P.No.3246 of 2005. The petitioner in this case claims the same relief as in the earlier W.P.No.3246 of 2005 stating that the possession of the land has not been taken over.
3. A counter-affidavit has been filed by the second respondent. In paragraph 2 of the counter-affidavit all the details in terms of Act 24 of 1978 are set out and the same is extracted as hereunder:-
"2. It is submitted that Thiru Ranganatha Naicker was the owner of the following lands as on 3-8-1976. Village: Selaiyur:
Survey No. Total Extent Entitle-ment Excess vacant land 18/1 (pt) 800 sq.mts.
500 sq.mts.
300 sq.mts 18/2A 1800 sq.mts.
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1800 sq.mts.
18/2B 700 sq.mts.
-
700 sq. mts.
19/1, 1600 sq.mts.
-
1600 sq.mts.
4900 sq.mts
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4400 sq.mts.
The petitioner did not file return under section 7(1) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act 1978 for the lands owned by him. Hence a notice under section 7(2) of the Act was issued to him vide Assistant Commissioner, Urban Land Tax, Tambaram in SR.98/95 dated 18-7-1995. Then, a notice under section 9(4) with draft statement u/s 9(1) of the Act was issued on 27-12-1995 and served by affixture as the urban land owner was residing in the village and his address was not known. The Assistant Commissioner had inspected the land on 20-7-1996 and found that this land was converted as house sites. As there was no response to the Drafty Statement, Order under section 9(5) of the Act was passed vide Rc.No.C/2334/96, dt.26-7-96 declaring the excess vacant land of 4400 sq. mts., and the same was sent by R.P.A.D., which was returned undelivered. Hence, the order was served by affixture in the presence of the Village Administrative Officer concerned. After scrutinizing the sub-division records final statement under section 10(1) of the Act was issued on 19-9-1997 and sent to the urban land owner by RPAD and it was returned to office with remarks "No such address". Notification under section 11(1) was issued on 24.10.1997 and the notification was published in T.N.G.G. No.51 dated 3.12.1997 as per notification VI(1)171/97 at page 1789 of the Gazette. The notification u/s 11(3) of the Act was issued on 10-2-98 and published in T.N.G.G., dated 3-2-99. The notice under section 11(5) was issued on 8-3-99. The possession of the excess vacant land was taken over on 4-5-99 and handed over to Revenue Department after making necessary changes in the Village Accounts as per 8A/1806/1408."
4. The learned Government Advocate reiterated the stand taken in the counter-affidavit and stated that possession was taken and hence the Repeal Act will not be attracted.
5. Paragraph 2 of the counter as above is verbatim repetition of the counter-affidavit filed in W.P.No.3246 of 2005 in the case of Ranganathan, the vendor of the petitioner. Therefore, the reasons on which the proceedings initiated by the respondents were set aside in the earlier case, will apply to this case also. Since the possession has not been taken in the manner known to law and in view of the Tamil Nadu Urban Land (Ceiling and Regulation) Repealing Act, (Tamil Nadu Act 20 of 1999) the entire proceedings in this case also abates and consequently, the petitioner is entitled to the relief as prayed for.
6. In the result, the impugned proceedings are set aside. The writ petition is allowed as prayed for. No order as to costs. Consequently, connected miscellaneous petition is closed.
ts To
1.The Special Commissioner & Commissioner for Urban Land Ceiling and Urban Land Tax, Ezhilagam, Chepauk, Chennai-600 005.
2.The Assistant Commissioner, Urban Land Ceiling and Urban Land Tax, 169, Sannadhi Street, Adambakkam, Chennai 600 088