In Tessy John Vs. Principal Commissioner and Commissioner of Land Reforms Chennai and others, reported in (2008) 1 MLJ 838, this Court held that when the acquisition proceedings were not initiated against the real land owner and that when the real owner was not served with proper notices in terms of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, the entire exercise of acquisition is an exercise in futility and it would also amount to deprivation of the property of real owner by misusing the power vested under the Act. Though a contention has been made that physical possession of the property acquired has not been taken over from the land owner and she continued to be in possession and enjoyment of the said property, the very initiation of the acquisition proceedings was found to be erroneous. Except to the issue relating to taking over possession, the judgment is not applicable to the case on hand.
In the given circumstances, since the repealed Act in particular Section-4 thereof would run only in favour of the petitioner's case and not that of the respondents, this Court could safely conclude in line with the observation made in (Tessy John v. Principal Commr.& Commr. of Land Reforms) 2008 1 MLJ 383, to the effect that when the physical possession of the property has not been taken over from the land owner who continues to be in possession and enjoyment of the property, the land owner is entitled to have the benefit under Section 4 of the repealed Act.