3 The Tahsildar vs R.Bharathi
2023 Latest Caselaw 9164 Mad

                                                                         W.A.No.1902 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.1902, 1907, 1909, 1910, 1911 and 1913 of 2023


                     W.A.No.1902 of 2023:

                     1      The Special Commissioner,
                            and Commissioner of Land Reforms,
                            Chepauk, Chennai-600 005.

                     2      The Assistant Commissioner/
                            Urban Land Tax and
                            Competent Authority of Urban Land Ceiling,
                            Ambattur @ Poonamallee,
                            Chennai-600 056.

                     3      The Tahsildar
                            Ambattur,
                            Chennai-600 053.                                 .. Appellants


                                                        Vs
                     R.Bharathi                                              .. Respondent




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https://www.mhc.tn.gov.in/judis
                                                                            W.A.No.1902 of 2023 etc.



                     Prayer: W.A.No.1902 of 2023 filed under Clause 15 of the Letters

                     Patent        to    set aside the      order dated 22.03.2021        passed in

                     W.P.No.15859 of 2007 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 Respondents      : 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.




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                                                                        W.A.No.1902 of 2023 etc.




                                  2. The appellants assail the order passed by the learned

                     Single Judge thereby allowing the writ petitions and holding that

                     the impugned proceedings under the Tamil Nadu Urban Land

                     (Ceiling and Regulation) Act, 1978 stands abated. Directions are

                     given to mutate the names of the original writ petitioners and to

                     issue pattas.




                                  3. Learned Additional Advocate General has produced the

                     record and proceedings. From the record and proceedings, the

                     learned Additional Advocate General could not point out that

                     the relevant notice under Section 11(5) of the Tamil Nadu Urban

                     Land (Ceiling and Regulation) Act, 1978 is issued to the land

                     owners.          There is no document evidencing delivery of possession

                     signed by the land owners.



                                  4. In the absence of the statutory notice being given, the

                     proceedings rightly abate. Reference can be had to the judgment of



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                                                                              W.A.No.1902 of 2023 etc.



                     the Apex Court in the case of State of Uttar Pradesh v. Hari Ram,

                     (2013) 4 SCC 280.



                                  5. In the light of the above, the learned Single Judge has

                     properly appreciated the facts and passed the impugned order.



                                  6. The writ appeals, being devoid of merits, stand dismissed.

                     There           will   be   no     order   as   to    costs.   Consequently,

                     C.M.P.Nos.16395, 16396, 16407, 16410, 16416, 16426, 16427

                     and 16432 of 2023.




                                                           (S.V.G., CJ.)                 (P.D.A., J.)
                                                                           27.07.2023
                     Index            :               Yes/No
                     Neutral Citation :               Yes/No
                     sasi




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https://www.mhc.tn.gov.in/judis
                                         W.A.No.1902 of 2023 etc.



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

(sasi)

W.A.Nos.1902, 1907, 1909, 1910, 1911 and 1913 of

27.07.2023

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