Madras High Court
S.Dhanasekaran vs The Government Of Tamil Nadu on 24 February, 2021
W.P. No.17394 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P. No.17394 of 2020
S.Dhanasekaran .... Petitioner
Vs.
1. The Government of Tamil Nadu,
Rep. By its Secretary to Government,
Revenue Department,
Secretariat,
Fort. St. George,
Chennai – 600 009.
2. The District Collector,
Chennai.
3. The Tahsildar,
Sholinganallur Taluk,
Sholinganallore. .... Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a
Writ of Mandamus directing the respondents herein to consider petitioner's
representation dated 04.11.2019 and transfer the patta in his name in respect
of his lands of an extent of 1798 Sq.ft. bearing Plot No.153/A, 6 th Cross
1/9
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W.P. No.17394 of 2020
Street, Thilagar Avenue, Balaiha Garden, Madipakkam, Chennai – 600 091
comprised in Survey No.222 and 223 and Survey Nos.222/39 of
Madipakkam Village, Sholinganallore Taluk.
For Petitioner : Mr.AL.Gandhimathi
For Respondents : Mr.V.Shanmuga Sundar,
Special Government Pleader
ORDER
Mr.V.Shanmuga Sundar, learned Special Government Pleader accepts
notice on behalf of the respondent.
2. By consent of both the parties, this writ petition is taken up for
final disposal at the time of admission itself.
3.This writ petition has been filed for a Mandamus seeking for a
direction to the respondents to consider the petitioner's representation dated
04.11.2019 seeking for transfer of patta in his name in respect of the
property measuring an extent of 1798 sq. ft. bearing Plot No.153/A, 6th
Cross Street, Thilagar Avenue, Balaiha Garden, Madipakkam, Chennai –
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W.P. No.17394 of 2020
600 091 comprised in Survey Nos.222 and 223 and Survey Nos.222/39 of
Madipakkam Village, Sholinganallore Taluk, within a time frame to be fixed
by this Court.
4. The case of the petitioner is that he purchased the aforementioned
property under a Sale Deed dated 26.02.1986 registered as document
No.514/1986. According to him, his vendor was having a patta for the
property. It is the case of the petitioner that subsequent to his purchase,
urban land ceiling proceedings have been initiated in respect of the
aforementioned property on 05.09.1990. According to him, the respondents
did not take possession of the petitioner's property. According to him, since
the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 got
repealed by Act 20 of 1999, he is entitled for patta for his property.
According to him, he will also not come under the innocent purchaser
category as his vendor namely B.Padmavathi Ammal was in possession of a
patta for the subject property. The petitioner has therefore given a
representation on 04.11.2019 to the respondents seeking for transfer of patta
in his name from the name of his vendor B.Padmavathi Ammal. Since the
said representation has not been considered, this writ petition has been
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W.P. No.17394 of 2020
filed.
5. Heard Ms.Gandhimathi, learned counsel for the petitioner and
Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for
the respondents.
6. The learned counsel for the petitioner drew the attention of this
Court to the Notification, dated 05.09.1990 issued under the Tamil Nadu
Government Gazette, whereby the petitioner's lands and other lands were
acquired under the Tamil Nadu Urban Land (Ceiling and Regulation) Act,
1978. She also drew the attention of this Court to the sale deed dated
26.02.1986, whereby the petitioner had purchased the subject property. She
would submit that the purchase made by the petitioner was much prior to
the proceedings initiated by the respondents under the Tamil Nadu Urban
Land (Ceiling and Regulation) Act, 1978.
7. The learned counsel for the petitioner drew the attention of this
Court to the Chitta issued by the respondents, which discloses the name of
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W.P. No.17394 of 2020
the petitioner and she would submit that as per the revenue records, the
possession is only with the petitioner. The learned counsel for the petitioner
drew the attention of this Court to the counter affidavit filed by the
respondents and in particular, she referred to the following paragraphs :
It is submitted that in the meantime the Secretary of Balaiah
garden Thilakar Avenue had filed a writ petition in W.P. No.14486 of
92 before the Hon'ble High Court and stay order was issued on
22.09.1993 and it was made absolute on 18.03.1997. This case was
disposed on 16.12.1999 and the copy of the order was not received in
this department. One Thiru K.Balakrishnan filed a petition under
innocent buyer category along with a copy of Judgment dated
16.12.1999. In the above order the Hon'ble High Court has observed
as follows :-
“In view of the fact that by the introduction of Act 20 of 1999
(The Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act 20
of 1999 the Principal Act 1978 has been repealed, the relief sought for
in the writ petition is no longer in existence”.
It is submitted that since the lands have been changed in the
name of Government of Tamil Nadu, many applications have been
received in the office of the Assistant Commissioner (Urban Land
Tax) Alandur for regularisation under Innocent Buyers Category.
The Assistant Commissioner (Urban Land Tax) Alandur in his letter
dated 02.12.2008 sought for clarification from the Commissioner of
Land Reforms. The Commissioner of land reforms got the opinion of
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W.P. No.17394 of 2020
the Government Pleader. The Government Pleader has opined as
follows :-
“It is now admitted that possession could not be taken due to
the interim order granted by the Hon'ble High Court and in term of
section 4 of Repealing Act 20 of 1999, once possession has not been
taken the proceedings automatically abate and there is no question of
preferring any writ appeal against the said order, when admittedly the
possession has not been taken. It is open to the Department to
consider the request of the applicants in the category of innocent
purchasers”.
8. After referring to the above paragraph, the learned counsel for the
petitioner submits that the respondents have made it clear that it is open to
the department to consider the request of the applicants in the category of
innocent purchaser. However, she would submit that the petitioner will not
fall under the said category as he has purchased the subject property much
prior to the date of Notification, dated 05.09.1990 issued under the Tamil
Nadu Government Gazette.
9. Per contra, learned Special Government Pleader appearing on
behalf of the respondents would submit that the petitioner has filed a
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W.P. No.17394 of 2020
petition only under the innocent buyer category on 30.01.2019. Hence, the
representation of the petitioner dated 04.11.2019 can be considered only
under the said category, which is disputed by the learned counsel for the
petitioner. However all these factors can be considered by the respondents
as and when the petitioner's representation dated 04.11.2019 is considered
on merits and in accordance with law.
10. The learned Special Government Pleader appearing for the
respondents would submit that the representation of the petitioner will have
to be considered by the Assistant Commissioner (Urban Land Tax), Alandur,
who has signed the counter affidavit on behalf of the respondents.
11. After recording the submissions made by the learned Special
Government Pleader, this Court directs the Assistant Commissioner (Urban
Land Tax), Alandur, to consider the petitioner's representation, dated
04.11.2019 seeking for transfer of patta in the name of the petitioner in
respect of the lands measuring an extent of 1798 sq. ft. bearing Plot
No.153/A, 6th Cross Street, Thilagar Avenue, Balaiha Garden, Madipakkam,
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W.P. No.17394 of 2020
Chennai – 600 091 comprised in Survey Nos.222 and 223 and Survey
Nos.222/39 of Madipakkam Village, Sholinganallore Taluk and pass final
orders on merits and in accordance with law, within a period of twelve
weeks from the date of receipt of a copy of this order.
12. With the aforesaid direction, this writ petition is disposed of. No
costs.
24.02.2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
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To
1. The Secretary to Government,
Government of Tamil Nadu,
Revenue Department,
Secretariat,
Fort. St. George,
Chennai – 600 009.
2. The District Collector,
Chennai.
3. The Tahsildar,
Sholinganallur Taluk,
Sholinganallore.
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W.P. No.17394 of 2020
ABDUL QUDDHOSE, J.
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W.P. No.17394 of 2020
24.02.2021
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