The Special Commissioner & vs M/S.Forgetech Private Limited
2023 Latest Caselaw 13287 Mad

                                                                         W.A.No.2681 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 27.09.2023

                                                    CORAM


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


                                              W.A.No.2681 of 2023

                     1. The Special Commissioner &
                         Commissioner of Land Reforms
                        Chepauk, Chennai – 600 005.

                     2. The Assistant Commissioner / ULT
                        Competent Authority (Urban Land Ceiling)
                         Alandur at No.153, Karuneegar Street
                        Adambakkam, Chennai – 600 088.

                     3. The Tahsildar
                        Tambaram Taluk
                        Tambaram, Chennai.                          ..    Appellants

                                                      Vs.

                     M/s.Forgetech Private Limited
                     Rep. by its Managing Director
                     Mr.R.Subramanian
                     Having Office at No.54, Facit Avenue
                     Kandanchavadi Village
                     Kottivakkam, Old Mahabalipuram Road
                     Chennai – 600 096.                             ..    Respondent



                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                              W.A.No.2681 of 2023


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 09.02.2021 in W.P.No.2967 of 2009.


                                      For the Appellants      : Mr.P.Muthukumar
                                                                State Government Pleader
                                      For the Respondent      : Mr.S.Rajasekar

                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

Heard Mr.P.Muthukumar, learned State Government Pleader

for the appellants and Mr.S.Rajasekar, learned counsel for the sole

respondent.

2. The present respondent had filed a writ petition, whereby

seeking a direction to treat the proceedings of the second

respondent therein under the Tamil Nadu Urban Land (Ceiling &

Regulation) Repeal Act, 1999 (in short, hereinafter referred to as

“the Act of 1999”) as abated. The writ petition was allowed.

Aggrieved by the same, the present appeal is filed.

3. Learned State Government Pleader submits that notice

under Section 11(5) of the Act of 1999 was served upon the

https://www.mhc.tn.gov.in/judis W.A.No.2681 of 2023

respondent and possession was taken. In view of that, the

proceedings cannot be abated.

4. According to learned counsel for the respondent,

possession was not taken by the appellants and the respondent

Company continues to be in possession. The respondent is running

the industry since the year 1982.

5. We have considered the said submissions made by the

respective parties.

6. Learned Single Judge has, upon perusing the documents on

record, arrived at a conclusion that the possession has not been

taken by the appellants. The original writ petitioner / respondent

produced various receipts of payment of taxes, electricity bills, so

also Small-scale Industry Registration Certificate, demonstrating the

manufacturing activities being carried out in the subject land. What

is required is the physical possession of the property to be taken

over by the appellants. The same does not appear to have been

https://www.mhc.tn.gov.in/judis W.A.No.2681 of 2023

complied in the present case.

7. Learned Single Judge has rightly considered the judgment

of the Apex Court.

8. In the light of that, the writ appeal stands dismissed. There

will be no order as to costs. Consequently, C.M.P.No.22514 of 2023

is closed.

                                                               (S.V.G., CJ.)             (P.D.A., J.)
                                                                               27.09.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     drm

https://www.mhc.tn.gov.in/judis W.A.No.2681 of 2023

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

(drm)

W.A.No.2681 of 2023

27.09.2023

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