Madras High Court
3 The Tahsildar vs V.M.Tharani on 27 July, 2023
W.A.No.1846 of 2023 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.Nos.1846, 1898, 1900, 1901, 1903, 1904, 1906, 1912, 1915
and 1926 of 2023
W.A.No.1846 of 2023:
1 The Principal Commissioner
and Commissioner of Land Reforms,
Chepauk,
Chennai-600 005.
2 The Assistant Commissioner/
Competent Authority (Urban Land Ceiling)
Sannadhi Street, Poonamallee,
Chennai-600 056.
3 The Tahsildar
Poonamallee Taluk
Poonamallee. .. Appellants
Vs
V.M.Tharani .. Respondent
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W.A.No.1846 of 2023 etc.
Prayer: W.A.No.1846 of 2023 filed under Clause 15 of the Letters
Patent to set aside the order dated 23.11.2021 passed in
W.P.No.11692 of 2006 by the learned Single Judge.
and batch cases
For the Appellants : Mr.S.Silambanan
in all appeals Addl. Advocate General
assisted by
Mr.K.Karthick Jegannath
Government Advocate
For the Respondent : Mr.V.Ramesh
in all appeals for Mr.T.Thiyagarajan
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.S.Silambanan, learned Additional Advocate
General, assisted by Mr.K.Karthick Jegannath, learned Government
Advocate for the appellants; and Mr.V.Ramesh, learned counsel for
the respondents in all the appeals.
2. The appellants assail the order passed by the learned
Single Judge thereby allowing the writ petitions and holding that the
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W.A.No.1846 of 2023 etc.
impugned proceedings under the Tamil Nadu Urban Land (Ceiling
and Regulation) Act, 1978 stands lapsed. Directions are given to
mutate the names of the original writ petitioners and to issue
pattas.
3. Learned Additional Advocate General submits that the
learned Single Judge failed to consider that notice under Section
11(5) of the Act of 1978 was issued on all the erstwhile owners of
the property. The possession receipt is also on record. The
notification under Section 11(3) of the Act of 1978 was issued. The
notice under Section 12(7) of the Act of 1978 was issued and order
under Section 12(6) of the Act of 1978 was passed. In view of that,
the learned Single Judge could not have observed that the relevant
notices have not been issued.
4. Learned counsel for the respondents denies the said
contention and submits that no notices were issued.
5. The learned Single Judge has come to the conclusion that
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W.A.No.1846 of 2023 etc.
the entire work undertaken by the appellants herein was desk work
and physical possession was not taken.
6. We also perused the documents, which, according to the
appellants, are the documents evidencing the delivery of
possession. Such document is only signed by the government
officers. It does not bear the signature of the land occupant/
owner. Even no notice appears on record to be given to the owner
that the possession would be taken on a particular date. The
surrender of possession was not a voluntary surrender of
possession. As there is no voluntary surrender of possession, the
only other mode of taking possession is forceful mode of
dispossession. Notices under Sub-sections (5) and (6) of Section
11 of the Act of 1978 were also not issued. The same is held to be
mandatory.
7. It also appears that the respondents are residing in the writ
lands. They have their houses constructed. The learned Single
Judge has rightly come to the conclusion that the entire work done
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W.A.No.1846 of 2023 etc.
by the appellants herein was only desk work and no physical
possession has been taken as yet and, therefore, the entire
acquisition has lapsed as per the Tamil Nadu Urban Land (Ceiling
and Regulation) Repeal Act [Act 20 of 1999].
8. We do not find any error committed by the learned Single
Judge while passing the impugned order.
9. The writ appeals, as such, are dismissed. There will
be no order as to costs. Consequently, C.M.P.Nos.16171, 16172,
16380, 16381, 16387, 16388, 16391, 16392, 16399, 16401,
16404, 16405, 16406, 16475, 16476, 16464, 16436, 16518 and
16519 of 2023 are closed.
(S.V.G., CJ.) (P.D.A., J.)
27.07.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
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W.A.No.1846 of 2023 etc.
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.Nos.1846, 1898, 1900, 1901, 1903, 1904,
1906, 1912, 1915 and 1926 of 2023
27.07.2023
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