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Madras High CourtWP/7067/2021disposed of

Mr.K.N.Ravi, v. The Secretary To Government Of Tamil Nadu,

2021-03-19Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.7067 of 2021 and WMP.No.7581 of 2021 K.N.Ravi ...

Petitioner Vs.

1.The Secretary to Government of Tamil Nadu Revenue Department Fort St.George Chennai - 600 009.

2.The Director of Urban Land Ceiling & Urban Land Tax Ezhilagam, Chepauk Chennai - 600 005.

3.The Assistant Commissioner of ULT / Urban Land Ceiling Ambattur.

4.The District Collector of Tiruvallur Thiruvallur Post and District.

5.The Tahsildar MadhavaramTaluk Office Madhavaram Chennai.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent namely Director of ULC & ULT, Chepauk, Chennai-5 culminating in his proceedings Na.Ka.No.8404/2011-E2 dated 12.01.2012, and also the Government Letter of the first respondent No.4056/ULC.1(1)/2011 dated 05.01.2012, quash the same and direct the respondents to reconsider our applications for regularization of petitioner purchased land under the Innocent Purchaser Scheme on the basis of the present G.O.Ms.No.63 Revenue and Disaster Management [ULC-I(2)] Department, dated 27.01.2020 and including G.O.Ms.No.565 Revenue Department, dated 26.09.2008.

For Petitioner : Mr.V.Raghupathi For Respondents: Mr.S.N.Parthasarathi Government Advocate

ORDER

The petitioner herein claims herself to be an innocent purchaser, whose predecessors had purchased a piece of land unknowingly about the land proceedings under the Urban Land (Ceiling and Regulation) Act, 1976. Later, the Government came up with G.O.Ms.No.565 Revenue [ULC-1(1)] Department dated 26.09.2008, to provide some relief to the innocent purchases. The petitioner attempted to avail the same, but that was in vain as the Department rejected his request. Subsequently, the Government came up with another similar measure Vide G.O.Ms.No.63 Revenue and Disaster Management [ULC-I(2)] Department, dated 27.01.2020 and the petitioner seeks the relief now.

2. Mr.S.N.Parthasarathi, learned Government Advocate takes notice for the respondents and made a statement on instructions that as on today, there is no representation or request submitted by the petitioner is pending with the respondents seeking relief under G.O.Ms.No.63 Revenue and Disaster Management [ULC-I(2)] Department. Earlier representation of the petitioner has already spent itself when the prayer was rejected. The said statement is recorded.

3. The learned counsel for the petitioner would now submit that he would prefer an appropriate representation to the authorities concerned as per G.O.Ms.No.63 Revenue and Disaster Management [ULC-I(2)] Department.

4. The petition is disposed of with a direction to the petitioner to present necessary representation for obtaining the benefit under G.O.Ms.No.63 Revenue and Disaster Management [ULCI(2)] Department, if he is so desirous, and in the eventuality of the petitioner representing it, the authority concerned is required to consider it fairly and in spirit of G.O.Ms.No.63 Revenue and Disaster Management [ULC-I(2)] Department, dated 27.01.2020, with a reasonable time. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

ds To:

1.The Secretary to Government of Tamil Nadu Revenue Department, Fort St.George, Chennai - 600 009.

2.The Director of Urban Land Ceiling & Urban Land Tax Ezhilagam, Chepauk, Chennai - 600 005.

3.The Assistant Commissioner of ULT / Urban Land Ceiling Ambattur.

4.The District Collector of Tiruvallur Thiruvallur Post and District.

5.The Tahsildar MadhavaramTaluk Office Madhavaram Chennai.

+1cc to Mr.V.Raghavachari, Advocate, S.R.No.17955 +1cc to the Government Pleader, S.R.No.18216 W.P.No.7067 of 2021 SSN(CO) CB(27/04/2021)