S. Basheer Ahamed rep. by his Power Agent Abdulkhader vs The State of Tamil Nadu

M. Venugopal, J.—The Petitioner in W.P(MD) No. 11637 of 2005 has filed the writ petition seeking the relief of a Writ of Certiorari in

calling for the entire records relating to the impugned order passed by the Third Respondent in his notification No. A2.7872/89SRA.83/78, Form

VI dated 08.10.1991 published in the Tamil Nadu Government Gazette No. Part-VI, Section I, dated 27.11.1991 on the file of the Second

Respondent and quash the same.

The Petitioner in W.P(MD) No. 11020 of 2005 has filed the writ petition seeking the relief of a Writ of Certiorari in calling for the entire records

relating to the impugned order passed by the Third Respondent in his Proc. Form VI in ROC.A2.1262/90 dated 13.12.1990 the same was

published in the Tamil Nadu Government Gazette No. 2 Part-VI, Section-1, dated 09.01.1991 and quash the same.

The Petitioner in W.P(MD) No. 2836 of 2006 has filed the writ petition seeking the relief of a Writ of Certiorari in calling for the entire records

relating to the impugned order passed by the Third Respondent in his proceedings No. RC. No. A2/1265/90, Form v. dated 04.12.1990

published in the Tamil Nadu Government Gazette No. 3 Part-VI, Section I, dated 23.01.1991 on the file of the First Respondent and quash the

same.

It is to be noted that as per Section 4 of the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999, all the proceedings relating to

any order made or purported to be made under the principal Act pending immediately before the commencement of this Act, before any Court,

Tribunal or any authority shall abate etc.

It is to be pointed out that in law the take over of possession is complete only when it is signed by land owner in the Land Delivery Receipt

while delivering the excess land pursuant to notice as per Section 11(5) of Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999.

Moreover, the ''take over'' ought to be established by getting the signature from independent witnesses and preparing the panchanama etc.

Possession in paper is not a complete take over of possession.

In view of the fact that Section 4 of the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act 20 of 1999 (which has come in force on

16.09.1999) speaks of Abatement of Legal proceedings as referred to supra, nothing survives for adjudication in the matter in issue in these writ

petitions and accordingly, these writ petitions are disposed of. No costs. Consequently, connected W.P.M.P. No. 11745 of 2005 in W.P. No.

11020 of 2005 is closed.