Madras High Court
The Tahsildar vs W.A.D.Thompson on 9 June, 2021
W.A.(MD)Nos.1145 and 1146 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.1145 and 1146 of 2021
and
CMP(MD).Nos.4947, 4950 and 4951 of 2021
W.A.(MD)No.1145 of 2021
1. The Tahsildar
Palayamkottai Taluk,
Kokkirakulam, Tirunelveli.
2. The Principal Commissioner and
Commissioner of Land Reforms
cum Urban Land Ceiling,
Chepauk, Chennai - 600 005.
3. The Competent Authority/
Assistant Commissioner,
Land Reforms, Tirunelveli-2
now
The Assistant Commissioner,
Urban Land Tax, Madurai,
at No.15, Plot No.4, First Street,
K.K.Nagar East, Madurai - 625 020. ... Appellants/Respondents
Vs.
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W.A.(MD)Nos.1145 and 1146 of 2021
1. W.A.D.Thompson
2. C.Samuel Jeyakumar
... Respondents/Petitioners
W.A.(MD)No.1146 of 2021
1. The Principal Commissioner and
Commissioner of Land Reforms
cum Urban Land Ceiling,
Chepauk, Chennai - 600 005.
3. The Competent Authority/
Assistant Commissioner,
Land Reforms, Tirunelveli-2
now
The Assistant Commissioner,
Urban Land Tax, Madurai,
at No.15, Plot No.4, First Street,
K.K.Nagar East, Madurai - 625 020. ... Appellants/Respondents
Vs.
W.A.D.Thompson
... Respondent/Petitioner
Common Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against
the order of this Court made in W.P.(MD) Nos.3998 of 2012 and 6444 of 2013,
dated 18.02.2014.
For Appellants : Mr.R.Baskaran
Government Counsel (in both W.As)
For Respondents : Mr.H.Arumugam,
for R1 (in both W.As)
No Appearance for R2
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W.A.(MD)Nos.1145 and 1146 of 2021
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
These appeals are directed against the common order dated
18.02.2014, in W.P(MD).No.3998 of 2012 and W.P(MD).No.6444 of 2013.
2. Heard Mr.R.Baskaran, learned Government Counsel appearing for
the appellants and Mr.H,Arumugam, learned counsel appearing for the
respondent-writ petitioner.
3. The legal issue involved in these appeals are whether the
proceedings initiated under the provisions of the Tamil Nadu Urban Land
(Ceiling and Regulation) Act, 1978 stand abated and whether the respondents
are entitled to the benefit of the Tamil Nadu Urban Land (Ceiling and
Regulation) Repeal Act, 1999.
4. The learned Single Bench after examining the facts found that
actual physical possession of the land was not taken over from the land owners,
but only the symbolic possession was recorded in the office records. Further
taking note of several decisions of this Court including the judgment of the
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W.A.(MD)Nos.1145 and 1146 of 2021
Division Bench in the case of Government of Tamil Nadu Vs. Mecca Prime
Tannery, 2012 (6) MLJ 273, allowed the writ petitions. Before us, there is
nothing on record to indicate that the factual finding recorded by the learned
Single Bench that actual physical possession was not taken over has not been
disputed. Therefore, the order passed by the learned Single Bench does not call
for any interference.
5. In the result, these writ appeals fail and they are dismissed and the
appellants are directed to verify the revenue records and issue patta in favour of
the present land owners within a period of four months from the date of receipt
of a copy of this judgment. No costs. Consequently, connected miscellaneous
petitions are closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 09.06.2021
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
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W.A.(MD)Nos.1145 and 1146 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)Nos.1145 and 1146 of 2021
09.06.2021
https://www.mhc.tn.gov.in/judis/
