Ramakrishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Ramakrishnan ..
Petitioner Vs.
1. The District Collector Kanchipuram District Kanchipuram.
2. The Authorised Officer Urban Land Ceiling Tambaram, Chennai.
[Cause-title amended vide order dated 07.02.2019]
3. The Chrome Leather Company Rep. by its Chairman S.Jagathrakshakan S/o. Swamikannu Gounder Chromepet, Chennai.
4. S.Jagathrakshakan
5. S.Harinarayamoorthi
6. J.Rajasekar
7. G.Venkatesan
8. G.Lakshmipathy
9. G.Rajaram 10.M.Lakshmanasamy 11.S.Palani 12.V.Gunasekaran 13.A.Natarajan 14.P.Shanmugam 15.P.Muniyandi 16.P.Loganathan 17.K.Devarasu 18.J.Mangala Lakshmi 19.G.Suresh 20.S.Radhakrishnan 21.C.Jothi 22.L.Selvam 23.L.Ravishankar 24.P.Balasubramani 25.A.Ayyanar 26.A.K.Gunaraj 27.N.Munusamy 28.M.N.Sundar 29.G.Ramalingam 30.G.Mahalingam 31.N.Ranganathan 32.Aswathaman 33.S.Vaikundam 34.S.Kumar 35.R.Vishnudevan 36.G.Kamaraj 37.N.Kannamani 38.Narayani Ammal 39.K.Ashok Kumar 40.Lakshmi Ammal 41.Sathya Vasagam 42.K.Vedachalam 43.R.Thiruppathy 44.N.Ramamoorthy
45.V.Kandasamy 46.K.Govindaraj ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent to consider the petitioner's representation dated 13.12.2018 and to cancel the assignment order granted in favour of the respondents 5 to 46 consequently repossess the said land in S.F.Nos.387/3 and 388, Thiruneermalai Village, Pallavaram Taluk, Kanchipuram District within a time frame to be fixed by this Hon'ble Court. For the Petitioner : Mr.B.Gopalakrishnan For Mr.S.Gunalan For the Respondents : Mr.T.K.Saravanan Government Advocate for RR 1 & 2 MrT.Satyamoorthy for R3 Mr.K.Suresh for R4 Mr.P.K.Harinath Babu for R5 Mr.D.Jagajothi for R6 Mr.M.R.Thangavel for R36 No appearance - for Respondents - 7, 9, 11, 20, 25, 28 to 30 & 36 R8 - Left Unclaimed - RR 10, 12, 13, 16, 19, 21 to 24, 26, 27, 31, 33 to 35, 37, 39 to 46
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.B.Gopalakrishnan, learned counsel for Mr.S.Gunalan, learned counsel for the petitioner, Mr.T.K.Saravanan, learned Government Advocate for the respondents 1 & 2, MrT.Satyamoorthy, learned counsel for the third respondent, Mr.K.Suresh, learned counsel for the fourth respondent, Mr.P.K.Harinath Babu, learned counsel for the fifth respondent, Mr.D.Jagajothi, learned counsel for the sixth respondent and Mr.M.R.Thangavel, learned counsel for the respondent No.36.
2. The petition is filed seeking cancellation of the assignment order granted in favour of the respondents 5 to 46. The petitioner seeks further relief to repossess the lands in S.F.Nos.387/3 and 388, Thiruneermalai Village, Pallavaram on the ground that the said lands were acquired under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978.
3. The second respondent has filed an affidavit. It is stated that the lands owned by the third respondent in S.No.387/3 and 388, Thiruneermalai Village are treated as within the ceiling limit by the then competent authority under the order dated 24.06.1996.
4. The lands are not acquired under the provisions of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978.
5. In the light of the above, it is clear that the writ petition filed in the nature of public interest is frivolous. Accordingly, the writ petition is dismissed with costs.
(S.V.G., CJ.) (D.B.C., J.) 10.11.2023 Index :
Yes/No :
Yes/No kpl To
1. The District Collector Kanchipuram District, Kanchipuram.
2. The Authorised Officer Urban Land Ceiling, Tambaram, Chennai.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 10.11.2023