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Madras High CourtWP/446/2022disposed of

J.Saravanan v. The State Of Tamil Nadu

2022-01-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.446 of 2022 J.Saravanan ... Petitioner Vs

1. The State of Tamilnadu, Rep by its Secretary to Government, Revenue and Disaster Management Department, ULC (a) (2) Wing, Secretariat, Fort St.George, Chennai - 600 005.

2. The Special Commissioner, Commissioner of ULC & ULT, Chepauk, Chennai - 600 005.

3. The Assistant Commissioner, Urban Land Tax, Poonamallee, Chennai - 600 056.

4. The Thasildar, Ambattur, Chennai. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to forward the application dated 10.05.2007 submitted by the petitioner together with necessary documents under the category of innocent purchaser of urban land ceiling Act seeking extent of 1800 sq.ft comprised in S.No.302/5 at Plot No.19, Thirumullaivoyal Village and pass orders considering the representation on the basis of the G.O.Ms.No.649, Revenue (Na.Nila. (1)) Department, dated 29.07.1998 and G.O. (Nilai) No.565, Revenue (Na.Nila.1 (1)) Department, dated 26.09.2008.

For Petitioner : Mr.J.D.Srikanth Varma For Respondents : Mr.S.Rajesh Government Advocate

ORDER

This writ petition is filed to issue a Writ of Mandamus to direct the respondents to forward the application dated 10.05.2007 submitted by the petitioner together with necessary documents under the category of innocent purchaser scheme under the Urban Land Ceiling Act seeking extent of 1800 sq.ft comprised in S.No.302/5 at Plot No.19, Thirumullaivoyal Village and pass orders considering the representation on the basis of G.O.Ms.No.649, Revenue (Na.Nila. (1)) Department, dated 29.07.1998 and G.O. (Nilai) No.565, Revenue (Na.Nila.1 (1)) Department, dated 26.09.2008.

2. Admittedly, the said application was submitted on 10.05.2007 before the fourth respondent. However due to passage of 14 years, the said application may not be available with the Office of the fourth respondent.

3. Considering the above facts and circumstances of the case, the petitioner is directed to submit a fresh application to request his purchase under the category of innocent purchasers scheme under the Urban Land Ceiling Act seeking extent of 1800 sq.ft comprised in S.No.302/5 at Plot No.19, Thirumullaivoyal Village on the basis of the G.O.Ms.No.649, Revenue (Na.Nila. (1)) Department, dated 29.07.1998 and G.O. (Nilai) No.565, Revenue (Na.Nila.1 (1)) Department, dated 26.09.2008 before the third respondent, within a period of two weeks from the date receipt of a copy of this order. On receipt of the same, the third respondent is directed to issue notice to the petitioner and counter parties, if any and after giving an opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks thereafter.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar kv

To

1. The Secretary to Government, The State of Tamilnadu, Revenue and Disaster Management Department, ULC (a) (2) Wing, Secretariat, Fort St.George, Chennai - 600 005.

2. The Special Commissioner, Commissioner of ULC & ULT, Chepauk, Chennai - 600 005.

3. The Assistant Commissioner, Urban Land Tax, Poonamallee, Chennai - 600 056.

4. The Thasildar, Ambattur, Chennai.

+1cc to M/s.P.Subba Reddy, Advocate SR.No.2448 +1cc to Government Pleader SR.No.3014 W.P.No.446 of 2022 RGN(CO) GMY(11/02/2022)