Madras High Court
D.Sivaji vs The Principal Secretary To ... on 24 November, 2021
W.P.No.25134 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.25134 of 2021
D.Sivaji ... Petitioner
Vs
1. The Principal Secretary to Government
Revenue Department
Fort St. George
Chennai-600 009.
2. The Special Commissioner
Land Reforms Commissioner
Chepauk, Chennai-600 005.
3. The Principal Commissioner/Secretary
Urban Land Ceiling & Tax
Chepauk, Chennai-600 005.
4. The Asst. Commissioner
Urban Land Ceiling & Urban Land Tax
Madhavaram Zone-II, Vivek Nagar
Kolathur, Chennai-600 099. ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the respondents 2 to
4 to consider the petitioner's representation dated 15.10.2020 so as to pass an
appropriate order of regularization of the land by strictly complying with the
provision of G.O Ms. No.565 Revenue Department dated 20.09.2008 and also
under the verdict of covered judgment dated under W.P No.7777 of 2019 dated
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W.P.No.25134 of 2021
20.03.2019 which is also subsequently followed by the Hon'ble High Court of
Madras under W.P No.8309 of 2019 dated 16.04.2019, enabling the petitioner
to receive the Revenue Patta, for the land bearing Plot No.9 admeasuring 2522
sq.ft. situated at Survey No.1239/1 of Ramachandran Nagar,
Ponniammanmedu, Madhavaram Village and Taluk presently under Chennai
Corporation Limit, prescribed by this Court.
For Petitioner : Mr.G.Thangavel
For Respondents : Mr.A. Selvendran
Special Government Pleader.
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus,
directing the respondents 2 to 4 to consider the petitioner's representation dated
15.10.2020 so as to pass an appropriate order of regularization of the land by
strictly complying with the provision of G.O Ms. No.565 Revenue Department
dated 20.09.2008 and also under the verdict of covered judgment dated under
W.P No.7777 of 2019 dated 20.03.2019 which is also subsequently followed
by the Hon'ble High Court of Madras under W.P No.8309 of 2019 dated
16.04.2019, enabling the petitioner to receive the Revenue Patta, for the land
bearing Plot No.9 admeasuring 2522 sq.ft. situated at Survey No.1239/1 of
Ramachandran Nagar, Ponniammanmedu, Madhavaram Village and Taluk
presently under Chennai Corporation Limit, prescribed by this Court.
2. Heard, Mr.G.Thangavel, learned counsel appearing for the petitioner
and Mr.A.Selvendran, learned Special Government Pleader appearing for the
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W.P.No.25134 of 2021
respondents.
3. The petitioner derived title over the subject property by way of
settlement deed executed by his father dated 24.07.2019 registered vide
document No.4834 of 2019. The said property was purchased by his father
by a registered sale deed dated 31.08.1987 vide document No.3075 of 1987.
However, the subject land was already acquired under the Urban Land Ceiling
Act and as such, the petitioner submitted an application before the third
respondent to consider the regularization of the sale deed purchased by his
father, on the basis of G.O.Ms.No.565, Revenue Department, dated
26.09.2008 and subsequent G.Os..
4. Considering the above, the third respondent is directed to conduct
enquiry on the representation of the petitioner dated 15.10.2020, after giving
an opportunity of hearing to the petitioner and pass orders on merits and in
accordance with law, on the basis of G.O.Ns.565, Revenue Department, dated
26.09.2008 and subsequent G.Os, within a period of twelve weeks from the
date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. No order
as to costs.
https://www.mhc.tn.gov.in/judis
W.P.No.25134 of 2021
24.11.2021
Internet : Yes
Index : Yes/No
Lpp
To
1. The Principal Secretary to Government
Revenue Department
Fort St. George
Chennai-600 009.
2. The Special Commissioner
Land Reforms Commissioner
Chepauk, Chennai-600 005.
3. The Principal Commissioner/Secretary
Urban Land Ceiling & Tax
Chepauk, Chennai-600 005.
4. The Asst. Commissioner
Urban Land Ceiling & Urban Land Tax
Madhavaram Zone-II, Vivek Nagar
Kolathur, Chennai-600 099.
https://www.mhc.tn.gov.in/judis
W.P.No.25134 of 2021
G.K.ILANTHIRAIYAN, J.
Lpp
W.P.No.25134 of 2021
24.11.2021
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