T.H.Mahalakshmi,(Deceased) v. the Special Commissioner and
Case brief
What is this about?
The High Court closed the writ petition filed by legal heirs challenging acquisition proceedings under the Tamil Nadu Urban Land Ceiling Act, holding the case unsustainable due to a prior judgment in identical proceedings involving a subsequent purchaser.
What did the court decide?
The writ petition stands closed with liberty to work out remedy before the competent court.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2019
CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.11272 of 2011
1.T.H.Mahalakshmi (deceased) 2.T.H.Venkitambal 3.T.S.Krishnan 4.Ananthalakshmi T.K. 5.Vivek Krishnan ...Petitioners P3 to P5 substituted as LR's in the place of deceased 1st petitioner as per order dated 14.02.2014 by TRJ in MP.No.1 of 2013 in W.P.No.11272 of 2011. Versus 1.The Special Commissioner and Commissioner for Land Reforms, Chepuk, Chennai 600 005.
2.The Assistant Commissioner of Urban Land Tax and Competent Authority Urban Land Ceiling Act, No.153, Karnigai Street, Adambakkam, Chennai 600 088.
3.M.Baskar ...Respondents
R3 impleaded as per order dated 09.08.2019 by MDIJ in MP.No.20742 of 2019 in W.P.No.11272 of 2011.
PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Declaration, declaring the acquisition proceedings initiated by the respondents under the provisions of the Tamil Nadu Urban Land (Ceiling & Regulations) Act,1978 in respect of the vacant land comprised in Old S.No.116/2 measuring to an extent of 2300 sq.meter in Patta No.46, situate at 161, Sembakkam Village, Saidapet Taluk (now Tambaram Taluk), Chengalpattu District (now Kancheepuram District) stands abated in view of Sec.4 of the
Issues for consideration
1 issue framed by the court
Whether the writ petition challenging the acquisition proceedings under the Urban Land Ceiling Act stands closed due to prior judgment in identical proceedings.
Parties & counsel
- petitioner
T.H. Malalakshmi (deceased) and others
- respondent
The Special Commissioner and Commissioner for Land Reforms, Coimbatore (Note: text says Chepuk)
- respondent
The Assistant Commissioner of Urban Land Tax
- respondent
M. Baskar
Coram
Case details
As recorded by the court registry
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