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9. From the above narrated facts it is clear that
a paper/symbolic possession was taken in
respect of the excess land not from the writ
petitioner, who was the owner and also not
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from the mother of the writ petitioner, who was
residing in the very same land and delivery of
possession was recorded from writ petitioner's
sister, who was not given any authority to
deliver possession. Thus, the possession
allegedly taken/recorded in the file is in
contravention of Section 11(5) of the Act.
Further Section 11(6) of the Act states that
actual possession should be taken. In this case,
the land is in actual possession of the writ
petitioner and the Corporation of Chennai also
granted demolition permission and excess land
is inside the compound land, which goes to
show that actual possession of the land is with
the writ petitioner and not with the appellant
department."