Government had only taken a symbolic possession and in reality, when the actual possession of the land in issue is in the hands of the petitioner, the petitioner is entitled to avail the benefits under Section 4 of the Act, Repeal Act, 1999.

Madras High Court M/S Garuda Chit & Trading Co. vs The Addl. Chief Secretary And ... on 23 November, 2021 W.P.No.34209 of 2019 28. It is to be noted that although the respondents claim that the possession of the land in question was vested with the Government under Section 11(3) of the Act with effect from 20.05.1992 and subsequently the possession of the same was taken by the Tahsildar – Mylapore on 04.08.1994 and the same was informed to Special Commissioner and Commissioner of Land Reforms, Chennai in RC.2463/91 A2 dated 11.08.1995, [no authorised signature has been endorsed either from the petitioner or from the respondents] is only a symbolic possession and as a matter of fact, the actual / real possession was not taken. As such, the resultant possession is with the petitioner and had not handed over the physical possession. When the respondents had only taken a symbolic possession and in reality, when the actual possession of the land in issue is in the hands of the petitioner, the petitioner is entitled to avail the benefits under Section 4 of the Act, Repeal Act, 1999. 29. As far as the present case is concerned, since the petitioner is in possession and enjoyment of the land in question and admittedly, in view of the fact that the physical possession of the property was not acquired from the petitioner [though it is stated that the possession was taken by the Tahsildar – Mylapore on 04.08.1994, there is no authorised signature endorsed either from the petitioner or from the respondents], this Court is of the considered opinion that the petitioner is entitled to avail the benefits of ingredients of Section 4 of the Act, Repeal Act, 1999 (20 of 1999). Further, the respondents would state that the physical possession of the subject land was obtained in the year 1994 (however, no signature whatsoever is endorsed) it is not known how the respondents have not even fenced the property for such a long time