Madras High Court
K.V.Ramana Raju vs The Principal Secretary/Commissioner on 13 August, 2024
W.P.No.23055 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.23055 of 2024
K.V.Ramana Raju ... Petitioner
vs.
1.The Principal Secretary/Commissioner
Urban Land Ceiling and Urban Land Tax,
Chepauk, Chennai – 600 005.
2.The Assistant Commissioner
Urban Land Ceiling and Urban Land Tax,
Egmore Zone, No.409,
EVR Periyar High Road,
Aminjikarai, Chennai – 600 029.
3.The Tahsildhar
Ayanavaram Taluk,
Chennai – 600 012. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to delete the
name of 'Government of Tamil Nadu' entered in the revenue records relating
to Plot No:340 comprised in Survey Nos.226/1 and 2261PT Konnur Village,
Ayanavaram Taluk, as the owner thereof and in pursuance, direct the 3 rd
Respondent i.e., Tahsildhar (Ayanavaram Taluk) to issue Patta in the name
of Petitioner herein for the said property.
1/6
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W.P.No.23055 of 2024
For Petitioner : Mr.G.Abraham Prabhu
For Respondents : Mr.A.M.Ayyadurai
Government Advocate
ORDER
The petitioner herein seeks a direction to the respondents to delete the
name of 'Government of Tamil Nadu' entered in the revenue records relating
to Plot No.340 comprised in Survey Nos.226/1 and 226/1 PT situated in
Konnur Village, Ayanavaram Taluk, Chennai and also further direct the 3 rd
respondent to issue patta in the name of petitioner.
2. According to the petitioner, he is the absolute owner of the above
mentioned land, having purchased the same from Sree Baba Co-operative
House Site Society under registered Sale Deed dated 14.07.1981. The
vendor of the petitioner namely Sree Baba Co-operative House Site Society
purchased the property under Sale Deed dated 30.01.1965 from its previous
owner. It is further case of the petitioner that after getting necessary
planning approval, he had put up construction for residential purpose and he
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has been paying tax to the Corporation of Chennai. It is the case of the
petitioner that the property in question was purchased by its vendor from the
original owner even prior to coming into force Tamil Nadu Urban Land
(Ceiling and Regulation) Act in the year 1978, therefore, the proceedings
initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act,
1978 could not affect the property which was conveyed to the petitioner's
vendor even prior to coming into force of the said Act. Therefore, he
submitted a representation on 31.01.2020 to 1st respondent seeking deletion
of name of 'Government of Tamil Nadu' in respect of his property and for
inclusion of his name in the revenue records and the same has not been
considered by the 1st respondent. Hence, the petitioner is before this Court.
3. It is also seen that the adjacent owners of the property filed similar
writ petition seeking deletion of name of 'Government of Tamil Nadu' from
revenue records and the said writ petition was allowed. The appeal filed by
the State in W.A.No.1698 of 2023 was also dismissed by the Division
Bench of this Court by judgment dated 18.07.2023. In such circumstances,
there may not be any impediment for the respondents to consider the
representation made by the petitioner and pass orders on it's own merits.
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4. The learned Government Advocate takes notice for the
respondents, on instructions, would submit that the request of the petitioner
will be considered by the respondents on their own merits.
5. In view of the limited prayer made by the petitioner in this writ
petition, without going into the merits of the claim of the petitioner, this
Court is inclined to direct the 2nd respondent to consider the request of the
petitioner in his representation dated 31.01.2020 and pass final orders on its
own merit and in accordance with law, within a period of eight weeks from
the date of receipt of a copy of this order.
6. With the above direction, the Writ Petition stands disposed of. No
costs.
13.08.2024
Index : Yes/No
Speaking order:Yes/No
Neutral Citation:Yes/No
dm
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To
1.The Principal Secretary/Commissioner
Urban Land Ceiling and Urban Land Tax,
Chepauk, Chennai – 600 005.
2.The Assistant Commissioner
Urban Land Ceiling and Urban Land Tax,
Egmore Zone, No.409,
EVR Periyar High Road,
Aminjikarai, Chennai – 600 029.
3.The Tahsildhar
Ayanavaram Taluk,
Chennai – 600 012.
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S.SOUNTHAR, J.
dm
13.08.2024
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