The Assistant Commissioner vs S.Kothai Nayagi
2023 Latest Caselaw 13495 Mad

                                                                           W.A.No.1685 of 2023


                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:   04.10.2023

                                                      CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                         AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                W.A.No.1685 of 2023

                     1.The Assistant Commissioner,
                       Urban Land Tax cum Competent Authority,
                       Urban Land Ceiling,
                       Kundrathur Zone,
                       Chennai-600 088.

                     2.The Principal Commissioner and
                       Commissioner of Land Reforms,
                       Chennai-600 005.                               ..    Appellants

                                                         Vs.

                     G.Subramani Naicker (Deceased)

                     1.S.Kothai Nayagi
                     2.S.Udhaya Rani
                     3.S.Vedavalli
                     4.S.Veeraraghavan
                     5.S.Jayakumar
                     6.S.Saravanan                                    ..    Respondents




                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                    W.A.No.1685 of 2023


                     Prayer : Appeal filed under Clause 15 of the Letters Patent against the
                     order         of   the    learned   Single   Judge   dated   22.4.2022   made   in
                     W.P.No.25970 of 2005.


                                        For the Appellants         : Mr.P.Kumaresan
                                                                     Addl. Advocate General
                                                                     assisted by
                                                                     Mrs.R.Anitha
                                                                     Spl. Government Pleader

                                        For the Respondents        : Mr.N.Srinivasan


                                                             JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.P.Kumaresan, learned Additional Advocate

General, assisted by Mrs.R.Anitha, learned Special Government

Pleader for the appellants and Mr.N.Srinivasan, learned counsel for

the respondents.

2. The present respondents have filed the writ petition to

declare that the proceeding initiated by the appellants is illegal, null

and void in view of Section 4 of the Tamil Nadu Act 20 of 1999.

https://www.mhc.tn.gov.in/judis W.A.No.1685 of 2023

3. The learned Single Judge has observed that the appellants

herein without ascertaining the details about the original land

owner, sent notices under the Principal Act and affixed the same on

the lands.

4. We have perused the original records produced by learned

Additional Advocate General for the appellants. We could not find

any document depicting that the possession has been taken by the

present appellants.

5. The Apex Court in the case of State of Uttar Pradesh v.

Hari Ram, reported in (2013) 4 SCC 280, has observed that the

possession can be a peaceful possession or forceful dispossession

and the same ought to be in the manner provided under the

enactment.

6. No possession receipt seems to have been signed by the

appellants.

https://www.mhc.tn.gov.in/judis W.A.No.1685 of 2023

7. In the light of the above, no error is committed by the

learned Single Judge while allowing the writ petition.

8. The writ appeal is disposed of. There is no order as to

costs. Consequently, C.M.P.No.14927 of 2023 is closed. The original

records are returned back to learned Additional Advocate General.

                                                             (S.V.G., CJ.)            (D.B.C., J.)
                                                                             04.10.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No
                     bbr

https://www.mhc.tn.gov.in/judis W.A.No.1685 of 2023

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr

W.A.No.1685 of 2023

04.10.2023

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