The Competent Authority (Ulc) vs D.Thyagarajan
2023 Latest Caselaw 9633 Mad

                                                                                      WA No.1147 of 2021

                                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 03.08.2023

                                                             CORAM

                                    THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                               AND
                                            THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
                                                        WA No.1147 of 2021

                     1.The Competent authority (ULC)
                       Assistant Commissioner ULT, Madhavaram,
                       Urban Land Tax (Madhavaram Zone)
                       No.2, Vivek Nagar, Red Hills Road,
                       Kolathur, Chennai 99

                     2.The Tahsildar,
                       Madhavaram Taluk,
                       Thiruvallur District                            : Appellants

                                  versus

                     1.D.Thyagarajan
                     2.D.Jeevarajan
                     3.Grace Abraham                                   : Respondents


                     Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order
                     dated 13.03.2020 in WP No.5682 of 2012.


                     For the Appellants             :      Mr.P.Muthukumar,
                                                           State Government Pleader

                     For the Respondents            :      Mr.G.Ilangovan




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                     WA No.1147 of 2021

                                                            JUDGMENT

(Made by the Hon'ble Chief Justice) We have heard Mr.P.Muthukumar, learned State Government Pleader for

the appellants and Mr.G.Ilangovan, learned counsel for the respondents.

2. The present respondents had filed Writ Petition bearing WP No.5682 of

2012 challenging the notice under Form No.VII, dated 26.11.1998, issued under

the provisions of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978.

3. The learned Single Judge quashed and set aside the said notice and

allowed the Writ Petition holding that the entire proceeding initiated by the

present appellants are null and void and that the original writ petitioners are

entitled for the benefit of the repeal Act.

4. We have perused the records provided by learned State Government

Pleader.

5. Though the learned State Government Pleader tried to canvass that all

the procedures have been followed; however, was at pains to point out from the

records that possession was delivered by the occupier and/or physical possession

https://www.mhc.tn.gov.in/judis WA No.1147 of 2021

was received by the present appellants. Learned Single Judge has arrived at a

conclusion that the original writ petitioners continue to remain in possession

even on the date of filing of the Writ Petition and that no physical possession

was taken.

6. From the records also it does not appear that the physical possession

has been taken by the present appellants from the respondents.

7. Reference can be made to the judgment of the Apex Court in the case

of State of UP vs. Hari Ram [2013(2) LW 469].

8. In light of that, no error has been committed by the learned Single

Judge while passing the impugned order. The writ appeal as such is dismissed

and the record produced by the learned Government Pleader is returned back to

him. There will be no order as to costs. Consequently, CMP No.7198 of 2021 is

closed.

                                                                    (S.V.G., CJ.)             (P.D.A., J.)
                                                                                    03.08.2023
                     Index                     : Yes/No
                     Neutral Citation          : Yes/No
                     tar





https://www.mhc.tn.gov.in/judis
                                          WA No.1147 of 2021



                                   THE HON'BLE CHIEF JUSTICE
                                                 AND
                                         P.D.AUDIKESAVALU, J.

                                                      (tar)




                                           WA No.1147 of 2021




                                                   03.08.2023







https://www.mhc.tn.gov.in/judis