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Madras High CourtWP/3266/2024disposed of

C.Shanthakumari v. The Principal Secretary To Governemnt

2024-04-01Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2024 Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.3266 of 2024 C.Shanthakumari ..... Petitioner -Versus1.The Principal Secretary to Government, Revenue and Disaster Management Department, ULC [1(2)] Wing, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary/Commissioner, Urban Land Ceiling and Urban Land Tax Office, Chepauk, Chennai - 600 005.

3.The Assistant Commissioner (Urban Land Tax), Tambaram East, No.153, Karuneegar Street, Adambakkam, Chennai - 600 088.

4.Revenue Divisional Officer, Office of Revenue Divisional Officer, Kadaperi, West Tambaram, Chennai - 600 045.

5.Tahsildar, Office of Tahsildar, GST Road, Pallavaram, Chennai - 600 043.

..... Respondents

Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus to direct respondents 4 and 5 to issue patta in the name of the petitioner in respect of the land bearing Survey No.81/1A (Plot No.9) in Nemilicheri Village, Pallavaram Taluk, Chengalpet District admeasuring about 2625 square feet.

For Petitioner : Ms.S.Shalini For Respondent (s) : Mr.U.Baranidharan, Additional Government Pleader

ORDER

This writ petition has been filed seeking a writ in the nature of mandamus directing the respondents 4 and 5 to issue patta in the name of the petitioner in respect of the land bearing Survey No.81/1A (Plot No.9) in Nemilicheri Village, Pallavaram Taluk, Chengalpet District admeasuring about 2625 square feet.

2. The case of the petitioner is that he became the absolute owner of a vacant land (Plot No.9) measuring 2625 square feet comprised in S.No.81/1A (New S.No.81/1A6) situated at Nemilicheri, Tambaram Taluk, Kancheepuram District having purchased it from one Rajamurthy by way of registered sale deed vide Doc.No.628 of 2021 on the file of the Sub Registrar, Pallavaram. Only after the purchase of the plot, he came to know that the land fell within the

Urban Land Ceiling limit. Therefore, he applied for regularization of purchase before the 3rd respondent. Accordingly, on payment of necessary regulation fee of Rs.60,975/-, pursuant to the recommendations of the 1st respondent, the purchase made by the petitioner was regularized by the 2nd respondent by his proceedings in Na.Ka.No.EE2/4581/2016 dated 29.01.2022. Thereafter, the petitioner applied for patta. The grievance of the petitioner is that his request was, however, not considered. Hence, the present writ petition.

3. Mr.U.Baranidharan, learned Additional Government Pleader, on instructions, submitted that the application of the petitioner for patta would be considered and necessary orders would be passed by the 4th respondent on merits as expeditiously as possible.

4. In view of the limited nature of prayer sought in the writ petition and the fair submission made by the learned Additional Government Pleader, this court, without going into the merits of the claim of the petitioner, directs the 4th respondent to consider the application of the petitioner for patta and pass appropriate orders thereof within a period of eight weeks from the date of receipt of copy of this order.

This writ petition is disposed of accordingly with the above directions. No costs.

01..04..2024 Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Principal Secretary to Government, Revenue and Disaster Management Department, ULC [1(2)] Wing, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary/Commissioner, Urban Land Ceiling and Urban Land Tax Office, Chepauk, Chennai - 600 005.

3.The Assistant Commissioner (Urban Land Tax), Tambaram East, No.153, Karuneegar Street, Adambakkam, Chennai - 600 088.

4.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Kadaperi, West Tambaram, Chennai - 600 045.

5.The Tahsildar, Office of Tahsildar, GST Road, Pallavaram, Chennai - 600 043.

N.SATHISH KUMAR.J., kmk 01..04..2024