V.Lakshmi Veeraraghavan vs The Director
2021 Latest Caselaw 11904 Mad

                                                                            W.A.No.1301 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 17.06.2021

                                                         CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                 W.A.No.1301 of 2021


                     V.Lakshmi Veeraraghavan                                 .. Appellant

                                                          Vs.

                     1.The Director,
                       Urban Land Ceiling and Urban Land Tax,
                       Ezhilagam, Ground Floor,
                       Chepauk, Chennai – 600 005.

                     2.The Assistant Commissioner,
                       Urban Lank Ceiling and Urban Land Tax,
                       No.153, Karuneegar Street,
                       Adambakkam, Chennai – 88.                             .. Respondents


                               Appeal filed under Clause 15 of the Letters Patent against the

                     order dated 05.07.2018 passed in W.P.No.16703 of 2018.


                               For Appellant         :     Mr.Rajarajan
                                                           for Mr.E.P.Senniyangiri

                               For Respondents       :     Mr.John J Raja Singh
                                                           Government Counsel




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                             W.A.No.1301 of 2021

                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal has been preferred by the appellant aggrieved over

the order of the learned Single Judge, who while declining to allow the

writ petition nonetheless held that it is not known as to how the

landlord can alienated the property which has been declared as excess

under the Urban Land Ceiling Act.

2. As rightly submitted by the learned counsel for the appellant,

the claim itself is based upon the Government Order. The question as

to whether the appellant is entitled for the benefit is a matter to be

considered by the second respondent on the representation dated

19.03.2018. Whether the landlord has got prior notice and the

appellant is entitled to the benefit of the Government Order coupled

with the further fact that the said Government Order is applicable to

the case of the appellant, on the premise that he is a bonafide

purchaser for valuable consideration are the matters to be considered

by the second respondent. What the appellant requests is mere

consideration of his pending representation.

https://www.mhc.tn.gov.in/judis/ W.A.No.1301 of 2021

3. In such view of the matter, the order of the learned Single

Judge stands set aside and consequently,the second respondent is

directed to consider the representation of the appellant dated

19.03.2018 within a period of eight weeks from the date of receipt of a

copy of this judgment. The appellant is further directed to give a copy

of the said representation along with the copy of the judgment in this

appeal within a period of two weeks from the date of receipt of a copy

of this judgment.

4. The writ appeal stands allowed accordingly. No costs.

                                                                 (M.M.S., J.)    (R.N.M., J.)
                                                                         17.06.2021
                     Index:Yes/No
                     mmi/ssm
                     To

                     1.The Director,

Urban Land Ceiling and Urban Land Tax, Ezhilagam, Ground Floor, Chepauk, Chennai – 600 005.

2.The Assistant Commissioner, Urban Lank Ceiling and Urban Land Tax, No.153, Karuneegar Street, Adambakkam, Chennai – 88.

https://www.mhc.tn.gov.in/judis/ W.A.No.1301 of 2021

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.1301 of 2021

17.06.2021

https://www.mhc.tn.gov.in/judis/