Madras High Court
A.D.Venkatasubramanyan vs The Principal Secretary To ... on 30 September, 2021
W.P.No.9632 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2021
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.9632 of 2019
and W.M.P.No.10250 of 2019
A.D.Venkatasubramanyan ...Petitioner
Vs.
1.The Principal Secretary to Government
Department of Revenue and
Disaster Management
State of Tamil Nadu
Chennai – 600 009.
2.The Principal Commissioner and
Commissioner of Land Reforms
“Ezhilagam”, Chepauk,
Chennai – 600 005.
3.Assistant Commissioner of Urban Land and
Competent Authority of urban land ceiling
Alandur Area,
E-153, Karuneegar Street, Adambakkam,
Chennai – 600 088.
4.The Tahsildar,
Tambaram Taluk,
Tambaram,
Chennai – 600 045. ...Respondents
1/10
https://www.mhc.tn.gov.in/judis
W.P.No.9632 of 2019
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, to direct the respondents to
make necessary changes in the Revenue Records in the name of the
petitioner with respect to the land comprised in Survey No.495/1B over an
extent of 0.56.00 ares in Perumbakkam Village, Tambaram Taluk within
time prescribed by this Court.
For petitioner : Mr.M.Muthappan
For respondents : Mr.V.Veluchamy
Government Advocate
ORDER
This writ petition has been filed for a mandamus to direct the
respondents to make necessary changes in the Revenue Records in the name
of the petitioner with respect of the land comprised in the S.No.495/1B over
an extent of 0.56.00 ares in Perumbakkam Village, Tambaram Taluk within
a time frame.
2.The case of the petitioner is that he has acquired a land comprised
in S.No.495/2 over an extent of 0.43 cents and S.No.495/1 over an extent of
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W.P.No.9632 of 2019
1.52 acres in Perumbakkam Village, Tambaram Taluk by Settlement Deed
dated 05.09.1986 and thereafter, he submitted a lay out plan and then
MMDA now known as CMDA has approved the lay out plan as
PPD/L.O./87/88, the said approval was informed by the Member Secretary
MMDA to the Commissioner, St.Thomas Mount Panchayat Union by letter
dated 10.05.1988.
3.The petitioner submits that the Village of Perumbakkam was
brought under the purview of Tamil Nadu Urban Land Ceiling Act 1978,
pursuant to the same, the Urban Land Ceiling Authority initiated
proceedings under the provisions of the above said Act and declared his
land as excess land and issued a notification to this effect.
4.The petitioner further submits that the above said action was
challenged by him in W.P.No.21916 of 2003 by virtue of Section 5(3) of the
Act, the petitioner is entitled to the right of protection of the land, besides
he is in continuous possession and the possession of the land has not been
taken as contemplated under the provisions of the said Act and hence, he is
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W.P.No.9632 of 2019
entitled protection of this land as per Tamil Nadu Urban Land Ceiling
Repeal Act 20 of 1999.
5.According to the petitioner, this Court allowed the writ petition by
order dated 17.11.2009, the State has preferred an appeal before the
Division Bench of this Court in W.A.No.2259 of 2011 and the said Writ
Appeal was dismissed by the Division Bench of this Court by Order dated
02.12.2011 and aggrieved by the said order, the State has preferred a S.L.P
and the same was also dismissed on the ground of delay and also on merits.
6.The petitioner submits that at time of the initiation of Urban Land
Ceiling Proceedings, the Revenue Record has been changed with respect to
his land as Government land and hence, he made a representation on
24.06.2015 to make necessary changes in the Revenue Records pursuant to
the Order of this Court as well as the Supreme Court but till date, there is no
response from the respondent.
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W.P.No.9632 of 2019
7.The petitioner has no other alternative remedy except to approach
this Court under Article 226 of the Constitution of India. Hence, the writ
petition filed.
8.The learned Government Advocate for the respondents filed a
counter wherein it has been stated that the proposals were received from the
Commissioner of Urban Land Ceiling and Urban Land Tax to implement
the orders of this Court, the proposal of the Commissioner of Urban Land
Ceiling and Urban Land Tax is under active examination of the Government
level and necessary orders will be issued.
9.It is further stated in the counter that with regard to the averments
raised by the petitioner in Paragraph Nos.5 and 6 of the affidavit, during the
process of acquisition, changes have been carried out in the name of the
Government in the Revenue Records. Soon on receipt of the orders of the
Hon'ble Supreme Court of India, proposal has been received from the
Principal Secretary/Commissioner of Urban Land Ceiling and Urban Land
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W.P.No.9632 of 2019
Tax and the same is under active consideration of the Government to
comply the Court order.
10.Heard, learned counsel for the petitioner and the learned
Government Advocate for the respondents and perused the materials
available on record.
11.The relevant paragraphs of the order passed by the learned Single
Judge of this Court in W.P.No.12650 of 2010 dated 17.06.2010 is extracted
hereunder:
"4.Considering the above facts and circumstances, I
direct the second respondent to consider the representation of
the petitioner dated 16.4.2010 for making necessary changes
in the revenue records pertaining to his land, pursuant to the
orders passed by this Court in W.P.No.21916 of 2003 dated
17.11.2009 on merits and in accordance with law.
5.The Writ petition is ordered accordingly. No costs.
Consequently, connected M.P.No.1 of 2010 is closed."
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W.P.No.9632 of 2019
12.The relevant paragraphs of the judgment of the Division Bench of
this Court in W.A.No.2259 of 2011 dated 02.12.2011 is extracted
hereunder:
"9.In the decision reported in the case of
SMT.ANGOORI DEVI v. STATE OF U.P. & ORS. (JT 2000
(SUPPL.1) SC 295), the Hon'ble Supreme Court has held as
follows:-
" 2.These cases relate to the interpretation of different
provisions of the Urban Land (Ceiling and Regulation) Act.
During the pendency of these appeals in this Court, the Urban
Land (Ceiling and Regulation) Act has been repealed by Act 15
of 1999 and the State of U.P. also has adopted the same by a
Resolution. In view of the provisions contained in Section 3 of
the Repealing Act and the fact that the possession of the vacant
land has not been taken over by the State Government, which is
asserted by the counsel appearing for the appellants and is
also apparent from the interim orders passed by this Court, the
question for consideration no longer survives.
3.Further, under Section 4 of the Repealing Act all
proceedings under the Act must be held to have abated. In that
view of the matter, we do not think it necessary to proceed with
this matter. These appeals stand disposed of accordingly."
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W.P.No.9632 of 2019
Following the aforesaid order, a Division Bench of this
Court, where one of us is a member
(ELIPE DHARMA RAO, J.), has allowed the writ appeal by
order dated 21.6.2010 (E.D.R.J. & K.K.S.J), IN W.A.No.998 of
2010.
10.In view of the appeal of the Act, 1999 on 16.6.1999,
all the proceedings are abated and any order passed
subsequent to 16.6.99 is without jurisdiction. In such
circumstances, the order passed by the learned single Judge is
confirmed and the writ appeal is dismissed. Consequently, the
connected M.P. is also dismissed. However, there shall be no
order as to costs."
13.The relevant portion of the judgment of the Hon'ble Supreme
Court in S.L.P Appeal (C) No............/2015 in CC No.6556/2014 dated
23.03.2015 is extracted hereunder:
"The Special leave petition is dismissed on the ground of
delay as also on merits."
14.In view of the above facts and circumstances of the case and
considering the submission made by the petitioner and considering the
aforesaid judgments of the learned Single Judge, Hon'ble Division Bench
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W.P.No.9632 of 2019
and the Hon'ble Supreme Court, this Court is of the view that the writ
petition is allowed by directing the Authorities to pass appropriate orders
based on the aforesaid judgments within a period of 12 weeks from the date
of receipt of a copy of this order.
15.With the above observations and direction, this Writ Petition is
allowed. No costs. Consequently, connected miscellaneous petition is
closed.
30.09.2021
Index: Yes/no
Speaking Order: Non-Speaking Order
dk/pam
V.BHAVANI SUBBAROYAN, J.
dk
To
1.The Principal Secretary to Government
Department of Revenue and
Disaster Management
State of Tamil Nadu
Chennai – 600 009.
2.The Principal Commissioner and
Commissioner of Land Reforms
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W.P.No.9632 of 2019
“Ezhilagam”, Chepauk,
Chennai – 600 005.
3.Assistant Commissioner of Urban Land and
Competent Authority of urban land ceiling
Alandur Area,
E-153, Karuneegar Street, Adambakkam,
Chennai – 600 088.
4.The Tahsildar,
Tambaram Taluk,
Tambaram,
Chennai – 600 045,
W.P.No.9632 of 2019
30.09.2021
https://www.mhc.tn.gov.in/judis
