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Madras High CourtWP/6495/2018disposed of

R.Vijaya v. The State Of Tamil Nadu

2018-03-22Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.6495 of 2018 Mrs.R.Vijaya W/o.J.Ravi ... Petitioner versus 1.

The State of Tamil Nadu Rep. by its Secretary to Government Revenue Department Secretariat, Chennai-9.

2.

The Special Commissioner and Commissioner for Urban Land Ceiling and Urban Land Tax O/o. the Commissionerate of Urban Land Tax, Chepauk, Chennai-5.

3.

The Assistant Commissioner Urban Land Taxes Thandayar Pettai Division No.409, EVR Periyar High Road, 2nd Floor, Aminjikarai Chennai-29.

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the claims of the petitioner and pass orders on the representation of the petitioner dated 30.10.2017 within a reasonable time in regard to regularisation of innocent purchaser land as per the Government order issued in G.O.(Ms) No.565, Revenue Na.Ni.U1(1) Department dated 26.09.2008 and also based on the similarly placed person's land regularisation order dated 20.09.2016.

For Petitioner : Mr.G.Elanchezhiyan For Respondents: Mr.B.Anandan Government Advocate

O R D E R

Mr.B.Anandan, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the second respondent to consider and pass orders on her representation dated 30.10.2017, wherein and whereby, she sought for regularising the purchase of the land, by the petitioner under the Innocent Buyers Category, by placing reliance on the order passed by the Government in G.O.No.565 Revenue Department dated 26.09.2008.

3. Heard both sides.

4. The grievance of the petitioner is that the said representation has not been considered so far.

5. Needless to say that it is for the second respondent to consider the said request of the petitioner and pass orders on the same on merits and in accordance with law, also by taking note of the above said G.O. relied on by the petitioner, provided the said G.O. is applicable to the case of the petitioner in all four corners. Such exercise shall be done by the second respondent within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To 1.

The Secretary to the Government The State of Tamil Nadu Revenue Department Secretariat, Chennai-9.

2.

The Special Commissioner and Commissioner for Urban Land Ceiling and Urban Land Tax O/o. the Commissionerate of Urban Land Tax, Chepauk, Chennai-5.

3.

The Assistant Commissioner Urban Land Taxes Thandayar Pettai Division No.409, EVR Periyar High Road, 2nd Floor, Aminjikarai Chennai-29.

+1 cc to M/s.G.Elanchezhiyan Advocate sr 22155 +1 cc to the Govt Pleader sr 22344 W.P.No.6495 of 2018 aa04/04/2018