The District Collector vs R.Sridhar
2023 Latest Caselaw 8562 Mad

                                                                               WA No.1698 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED:    18.07.2023

                                                       CORAM

                            THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
                                                           AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

                                               WA No.1698 of 2023
                                            and CMP No.15010 of 2023

                     1. The District Collector,
                        Chennai District,
                        Chennai 600 001.

                     2. The Special Commissioner and Commissioner,
                        Urban Land Ceiling and Urban Land Tax,
                        Chepauk, Chennai 600 005.

                     3. The Assistant Commissioner (ULT),
                        Egmore Zone, Kuralagam Complex,
                        Chennai-104.

                     4. The Tahsildar,
                        Ayanavaram Taluk,
                        Chennai 600 102.                                 ...   Appellants

                                                           -vs-

                     1. R.Sridhar
                     2. R.Srinivasan                                                 ...
                     Respondents

                     Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set
                     aside the order dated 31.01.2022 passed in W.P.No.35063 of 2019 on
                     the file of this Court.


                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                WA No.1698 of 2023

                                  For the Appellants     :: Mr.P.Muthukumar
                                                            State Government Pleader
                                                          *****


                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.P.Muthukumar, learned State Government

Pleader, for the appellants.

2. The State is challenging the order dated 31.01.2022 passed

by the learned Single Judge of this Court in W.P.No.35063 of 2019.

The writ petition was filed by the original petitioners to delete the

name of the Government of Tamil Nadu from the revenue records

relating to S.No.226/1, Part of Konnur Village, Ayanavaram Taluk,

Chennai District.

3. The learned State Government Pleader submits that the

possession was taken on 24.10.1997. The said proceedings under

the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 were

never challenged by the concerned person. As such, the learned

https://www.mhc.tn.gov.in/judis WA No.1698 of 2023

Single Judge could not have passed the impugned order.

4. If the possession is not taken by the appellants of the vacant

land, then in that case, the proceedings under the Urban Land

(Ceiling and Regulation) Act axiomatically stands abated on

16.06.1999. Reference can be had to the judgment of the Apex Court

in the case of State of U.P. vs. Hari Ram, reported in 2013-2-

LW-469.

5. We have also perused the records. It appears that the paper

panchnama has been drawn on 24.10.1997. No signature of the

owner or the occupant of the property appears on the same nor the

signature of witnesses also appear. The learned Single Judge has

observed that the property was sold in favour of Sree Baba Co-

operative House Site Society Limited and thereafter, the subject land

was laid into house sites. One of the house sites was purchased by

the petitioner's father on 05.07.1965. After the purchase of the

house site, part of the same admeasuring 1230 sq.ft. was sold by the

petitioner's father to one R.Jothibai and thereafter, constructed the

house. The said house was assessed to property tax and water tax

https://www.mhc.tn.gov.in/judis WA No.1698 of 2023

even on 16.08.1968 itself.

6. The learned Single Judge has not committed any error while

passing the impugned order. The writ appeal as such is dismissed.

There will be no order as to costs. Consequently, connected

miscellaneous petition is closed.

The original file produced is returned to the learned State

Government Pleader.

                                                          (S.V.G., CJ.)             (P.D.A., J.)
                                                                          18.07.2023
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No
                     sra

https://www.mhc.tn.gov.in/judis WA No.1698 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra)

WA No.1698 of 2023

18.07.2023

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