The State Of Tamil Nadu vs M/S.Aishtma Educational Trust
2023 Latest Caselaw 12830 Mad

                                                                 WA Nos.1943 and 1944 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:    20.09.2023

                                                      CORAM

                             THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
                                                        AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

                                          WA Nos.1943 and 1944 of 2021
                                       and CMP Nos.12568 and 12560 of 2021

                     1. The State of Tamil Nadu
                        Rep. by its Secretary to Government,
                        Revenue Department, Fort St. George,
                        Chennai 600 009.

                     2. The Special Commissioner & Commissioner
                         of Land Reforms, Ezhilagam, Chepauk,
                        Chennai 600 005.

                     3. The Assistant Commissioner (ULC),
                        Adambakkam, Chennai 600 088.

                     4. The Tahsildar,
                        Tambaram, Chennai-45.                         ... Appellants 1 to 4
                                                                          in both appeals
                     5. The Tamil Nadu Land Reforms Special
                         Appellate Tribunal, Rep. by its Registrar,
                        Santhome, Mylapore, Chennai 600 004.          ... 5th Appellant in
                                                                          WA.No.1944/2021
                                                        -vs-

                     M/s.Aishtma Educational Trust,
                     Rep. by its Manager, No.53, Raja Muthiah Road,
                     Periamet, Chennai 600 003.                             ... Respondent
                                                                                in both WAs.

                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                        WA Nos.1943 and 1944 of 2021



                     Prayer: Writ appeals filed under Clause 15 of the Letters Patent against
                     the common order dated 09.07.2019 passed in W.P.Nos.25940 and
                     25941 of 2003 on the file of this Court.


                                  For the Appellants     :       Mr.K.Karthik Jegannath,
                                  1 to 4 in both WAs.            Govt. Advocate

                                  For the Respondent     :     Mr.V.Ayyadurai
                                                               Senior Counsel
                                                               for V.B.Perumal Raj
                                                             *****

                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

Both these writ appeals challenge the common judgment and

order passed by the learned Single Judge dated 09.07.2019 passed in

W.P.No.25940 and 25941 of 2013.

2. The proceedings are under the Urban Land (Ceiling and

Regulation) Act, 1978.

3. We have heard Mr.K.Karthik Jegannath, learned Government

Advocate for the appellants and Mr.V.Ayyadurai, learned senior counsel

for the respondent.

https://www.mhc.tn.gov.in/judis WA Nos.1943 and 1944 of 2021

4. The Tamil Nadu Land (Ceiling and Regulation) Act, 1978 was

repealed with effect from 16.06.1999. All the proceedings are deemed

to have been abated in case the physical possession of the said

premises is not taken over by the authorities under the Act 1978. As

per Section 4 of the Repeal Act, every proceeding is abated in respect

of the urban land in case on the notified date the owner is in

possession of the land.

5. The learned Single Judge observed that the petitioner is in

actual possession and enjoyment of the subject land on the date the

Repeal Act came into force.

6. We have also gone through the record. The record also

nowhere discloses the physical possession of the property being taken

over by the State authorities nor compensation is paid.

7. The learned Single Judge has not committed any error while

passing the impugned order.

https://www.mhc.tn.gov.in/judis WA Nos.1943 and 1944 of 2021

In view of the above, the writ appeals stand dismissed. There

shall be no order as to costs. Consequently, connected miscellaneous

petitions are closed. The original record is returned back to the

learned Government Advocate.

                                                          (S.V.G., CJ.)                (P.D.A., J.)
                                                                          20.09.2023
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No

                     sra

https://www.mhc.tn.gov.in/judis WA Nos.1943 and 1944 of 2021

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

(sra)

WA Nos.1943 and 1944 of 2021

20.09.2023

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