Madras High Court
The Assistant Commissioner Of ... vs A.Chinnaraj on 18 July, 2023
CMP No.735 of 2016 and
WA SR No.3645 of 2016
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
CMP No.735 of 2016 and
WA SR No.3645 of 2016
1. The Assistant Commissioner of Urban
Land Tax, Alandur, Chennai-88.
2. The Commissioner of Land Administration,
Chepauk, Chennai-5.
3. The Commissioner & Secretary to Government,
Land Administration, Fort St. George,
Chennai-9. .. Petitioners
-vs-
1. A.Chinnaraj
2. R.Deenadayalan
3. A.P.Venkataraman
4. V.R.Chandralekha
5. V.R.Kokila Dhevi
6. V.R.Shobana Devi
7. V.R.Shreelekha Devi .. Respondents
Prayer: Petition filed Section 5 of the Limitation Act to condone the
delay of 2336 days in filing the writ appeal filed under Clause 15 of the
Letters Patent against the order dated 30.06.2009 made in
W.P.No.4713 of 2000 on the file of this Court.
For the Applicants : Mrs.R.Anitha
Special Government Pleader
*****
Page 1 of 4
https://www.mhc.tn.gov.in/judis
CMP No.735 of 2016 and
WA SR No.3645 of 2016
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
We have heard Mrs.R.Anitha, learned Special Government
Pleader, for the applicants.
2. The application is filed for condonation of delay of 2336 days
in filing the writ appeal.
3. The delay is inordinate one and not properly explained also.
We have also gone through the judgment delivered by the learned
Single Judge and the record and proceedings produced by the learned
Special Government Pleader.
4. The writ petition was filed by the present respondents/original
petitioners to quash the proceedings under the Tamil Nadu Urban Land
Ceiling Act, 1978 (in short 'the Act').
5. It is an undisputed fact that the original owner Thiruvenkada
Naicker had sold the property to one Tmt.Saraswathiammal on
https://www.mhc.tn.gov.in/judis
CMP No.735 of 2016 and
WA SR No.3645 of 2016
30.11.1971 by a registered document. Subsequently, the writ
petitioners purchased the property. The Act came into being in 1978.
No notice was issued either to Saraswathiammal or to the present writ
petitioners.
6. We have also seen the record and proceedings. The
possession was not delivered by the original owner at the relevant
time nor any notice was issued to the owner as in 1978. There is no
record that the possessor has handed over the possession in 1998 as
claimed by the present appellants.
7. As on merits also the appellants do not have any case, so also
no proper explanation is given, the Civil Miscellaneous Petition as well
as the Writ Appeal stand dismissed.
We have returned back the record and proceedings produced by
the learned Special 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
CMP No.735 of 2016 and
WA SR No.3645 of 2016
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sra)
CMP No.735 of 2016 and
WA SR No.3645 of 2016
18.07.2023
https://www.mhc.tn.gov.in/judis
