Mr.A.Chinnaraj v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.12031 of 2015 Mr.A.Chinnaraj ... Petitioner Vs.

1.The Assistant Commissioner, Competent Authority Urban Land Ceiling No.153, Karuneegar Street, Adambakkam, Chennai-600 088

2. The Tahsildhar, Sholinganallur Taluk Chennai-600 119 ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to incorporate the name of the petitioner herein as owner in respect of land measuring about 17 cents comprised in Survey No.26/1 PART of Seevaram Village, Sholinganallur Taluk, Kancheepuram District as per partition deed dated 10.5.1988 bearing Document No.1614/1988. For Petitioner : Mr.T.Thiyagarajan For Respondents : Mr.N.Roofus Abraham

O R D E R

By consent the writ petition is taken up for final disposal. 2.The petitioner and others claim that they are the owners of the property comprised in Survey No.26/1 measuring to an extent of 80 cents situated at No.144, Seevaram formerly Saidapet Taluk, Chengalpattu District and now Sholinganallur Taluk, Kancheepuram District and A partition was effected between them by means of registered document No.1614/1988 before the Sub Registrar, Adyar. The petitioner was allotted a share of about 17 cents in 'C' schedule. The petitioner further stated that the said lands were acquired under the Tamilnadu Urban Land (Ceiling and Regulation) Act 24 of 1978 in the name of Mr.Thiruvengada Naicker as if, he is the owner and the

same was challenged by way of filing the Writ Petition before this Court in W.P.No.4713 of 2000 and it was allowed on 30.06.2009. Subsequently the proceeding initiated under the above said Act become non est. Thereafter, the petitioner repeatedly approached the office of the Second Respondent for including his name in the revenue records in pursuance of the above said orders and since no response was forthcoming from the second respondent, through his lawyer the petitioner a sent notice on 17.02.2015. Though it was received by the second respondent on 26.02.2015 he has not been favoured with any kind of response and therefore he came forward to file this writ petition.

3.Heard the submissions of Mr.T.Thiyagarajan, learned counsel appearing for the petitioner and Mr.N.Roofus Abraham, learned Government Advocate appearing for the respondents. 4.Though the petitioner prayed for a larger relief, this Court taking into consideration the facts and circumstances, directs the second respondent to consider and dispose of the representation in the form of Lawyer's notice dated 17.02.2015 in accordance with law, after taking into consideration the order dated 30.06.2009 made in W.P.No.4713 of 2000 and after putting on notice to the persons concerned and pass orders as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner as well as to the persons concerned.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar arr To 1.The Assistant Commissioner, Competent Authority Urban Land Ceiling No.153, Karuneegar Street, Adambakkam, Chennai-600 088

2. The Tahsildhar, Sholinganallur Taluk Chennai-600 119.

1 cc to Mr. T.Thiyagarajan,Advocate, SR.No.22480 1 cc to Government Pleader,Sr.No.22316 W.P.No.12031 of 2015 W.P.No.11462 of 2015 rsi(co0 pmk.12.5.2015