Radha Shanmugasamy v. The Addl. Chief Secretary To Govt.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Radha Shanmugasamy
...Petitioner
Vs 1.The Additional Chief Secretary to Government Revenue and Disaster Management Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.
2.The Special Commissioner, Urban Land Tax & Ceiling, Ezhilagam, Chepauk, Chennai - 600 005.
3.The Assistant Commissioner Urban Land Tax & Ceiling, Alandur, No.153, Karuneegar Street, Adambakkam, Chennai - 600 088.
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, directing the respondents 1 to 3 herein to consider and pass appropriate orders in the petitioner's application dated 15.04.2015 seeking regularization under the Innocent Buyers' scheme which was taken on record vide File Na.Ka.No.B.685/2015 as mentioned in the Notice dated 19.04.2018 of the 3rd respondent, in respect of the property bearing Plot No.104, measuring to an extent of 5.5 cents, comprised in part of Survey No.182, 1/4
Perungudi Village, Sholinganallur Taluk, Chennai District, within a time frame as may be fixed by this Court.
For Petitioner : M/s.R.Haswanth For Respondents : M/s.M.R.Gokul Krishnan Additional Government Pleader (For R1 to R3 )
ORDER
The petitioner seeks a mandamus to the respondents to consider and pass orders on the petitioner's application dated 15.04.2015 seeking regularization under the Innocent Buyer's scheme. 2.The case which has led to the filing of the Writ Petition is set out briefly herein below:- The petitioner would submit that she is the sole owner of the subject property which is an extent of 5.5 cents bearing Plot No.104, comprised in S.No.182, Perungudi Village, Sholinganallur Taluk, Chennai. She came to learn that a larger extent of land including her property had been subjected to urban land ceiling proceedings and had been acquired under the urban land ceiling Act. However, possession has not been taken and it continues to remain with the respective land owners. Therefore, made an application under the Innocent Buyer's scheme on 15.04.2015.
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3.On receipt of her application, the third respondent had directed her to submit the requisite document which was also submitted and the third respondent had recorded her submission. Thereafter, there has been no orders passed on the said representation and enquiry. Therefore, the petitioner is before this Court.
4.Heard the learned counsels on either side.
5.Considering the limited request of the petitioner and taking note of the fact that a representation which has been in enquired into has been kept pending for a period of nine years, Writ Petition is allowed and a mandamus is issued directing the third respondent to pass orders on the petitioner's application dated 15.04.2015 and dispose of the same within a period of two months from the date of receipt of copy of this order. No costs.
21.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/4
P.T.ASHA , J, ep To 1.The Additional Chief Secretary to Government Revenue and Disaster Management Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.
2.The Special Commissioner, Urban Land Tax & Ceiling, Ezhilagam, Chepauk, Chennai - 600 005.
3.The Assistant Commissioner Urban Land Tax & Ceiling, Alandur, No.153, Karuneegar Street, Adambakkam, Chennai - 600 088.
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