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Madras High CourtWP/78/2013dismissed

S.Loganathan, v. The Secretary To Government Of

2021-03-09Honourable Mr Justice S.S. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2021

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.Nos.78, 83, 82, 79, 80, 87, 81, 84, 85, 86, 234, 238, 236, 235, 237, 239, 240, 241, 244, 242, 243, 245 of 2013 and W.M.P. Nos.5282, 5272, 5274, 5270, 5283, 5286, 5287 and 5288 of 2021 1 S.LOGANATHAN ... PETITIONER in WP No.78 of 2013 1 K.B.RAGHAVENDRA ... PETITIONER in WP No.83 of 2013 1 MR.PRADEEP JOSEPH @ ALEX JOSEPH ... PETITIONER in WP No.82 of 2013 1 ANANDKHANNA ... PETITIONER in WP No.79 of 2013 1 P.SWAPNA ... PETITIONER in WP No.80 of 2013 1 P.R.RAJASHREE ... PETITIONER in WP No.87 of 2013 1 G.NARAYANAN ... PETITIONER in WP No.81 of 2013 1 MR.PRAMILA JOSEPH ... PETITIONER in WP No.84 of 2013 1 P.KRISHNA BHAT ... PETITIONER in WP No.85 of 2013 1 A.S.MOHAMMED HUSSAIN ... PETITIONER in WP No.86 of 2013 1 D.KRISHNAVENI ... PETITIONER in WP No.234 of 2013 1 P.M.MADHUMATHI ... PETITIONER in WP No.238 of 2013 1 T.VYASA RAO ... PETITIONER in WP No.236 of 2013

1 SRINIVASAN ... PETITIONER in WP No.235 of 2013 1 P.V.RAMDOSS ... PETITIONER in WP No.237 of 2013 1 V.SATHYAMOORTHY ... PETITIONER in WP No.239 of 2013 1 R.AYYAMMAL ... PETITIONER in WP No.240 of 2013 1 S.TAMILARASI ... PETITIONER in WP No.241 of 2013 1 R. RAJENDIRAN ... PETITIONER in WP No.244 of 2013 1 MRS.FATHIMA HARIS ... PETITIONER in WP No.242 of 2013 1 LAKSHMANAN SARAVANAN ... PETITIONER in WP No.243 of 2013 1 MR.V.SHANMUGAM ... PETITIONER in WP No.245 of 2013 Vs.

1.The Secretary to Government, of Tamil Nadu, Fort St. George, Chennai - 9.

2.The Director of Urban Land Ceiling, Ambattur.

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

5.The Tahsildar, Ambattur Taluk Office, Ambattur, Chennai - 53.

... Respondents in W.P.Nos.78,83,82,79,80,87,81,84,85,86, 234,238,236,235,237,239,240,241,244,242 and 243 of 2013 1.The Secretary to Government, of Tamil Nadu, Fort St. George, Chennai - 9.

2.The Director of Urban Land Ceiling, Egmore.

4.The District Collector of Chennai, Rajaji Salai, Chennai-600 001.

5.The Tahsildar, Purasawakkam-perambur Taluk Office, Perambur, Chennai. ...Respondents in W.P.No.245/2013 Common Prayer:These Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the 2nd respondent, namely Director of ULC & ULT, Chepauk, Chennai-5 culminating in his Proceedings Na.Ka. No.8404/2011-E2 dated 12.1.2012 and also the Government Letter of the 1st respondent No.4056/ULC.1(1)/2011 DATED 5.1.2012 and quash the same.

For Petitioner in :

Mr.V.Raghupathi all WPs For R1 to R5 in :

Ms.A.Madhumathi, all WPs Special Government Pleader

COMMON ORDER Though the petitioners have raised several grounds, the learned counsel appearing for the petitioners seeks the indulgence of this court to direct the respondents to consider the grievance of the petitioners in the light of G.O. (Ms) No.63 Revenue and Disaster Management [ULC-I(2)] Department dated 27.01.2020.

2. It is stated that the Government has issued a Government Order vide G.O. (Ms) No.63 Revenue and Disaster Management [ULCI(2)] Department dated 27.01.2020, to examine the individual cases of the innocent purchasers and to regularise their title, if the purchasers are entitled as innocent purchasers.

3. It is further stated by the learned counsel appearing for the petitioners that the petitioners will be satisfied, if a direction is issued to the respondents to consider the representations of the petitioners in the light of G.O. (Ms) No.63 Revenue and Disaster Management [ULC-I(2)] Department dated 27.01.2020.

4. The learned Special Government Pleader appearing for the State has no objection for granting such relief.

5. Accordingly, all the writ petitions, challenging the urban land ceiling proceedings, are dismissed. However, the petitioners are directed to submit fresh representations to the Government to seek the benefit of G.O. (Ms) No.63 Revenue and Disaster Management [ULC-I(2)] Department dated 27.01.2020. When the representations of the petitioners are made before the third respondent, namely the Assistant Commissioner of ULT/Urban Land Ceiling, Ambattur, he shall consider the representations of the petitioners, in accordance withG.O. (Ms) No.63 Revenue and Disaster Management [ULC-I(2)] Department dated 27.01.2020 and pass appropriate orders, on merits and in accordance with law, within a period of 12 weeks from the date receipt of such representations from the individual land owners, who are petitioners in these writ petitions. No costs. Consequently, the connected writ miscellaneous petitions are closed.

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

asr To 1.The Secretary to Government of Tamil Nadu Fort St. George, Chennai - 9.

2.The Director of Urban Land Ceiling Ambattur.

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

5.The Tahsildar, Ambattur Taluk Office, Ambattur, Chennai - 53.

6.The Assistant Commissioner of Egmore.

7.The District Collector of Chennai, Rajaji Salai, Chennai-600 001.

8.The Tahsildar, Purasawakkam-perambur Taluk Office, Perambur, Chennai.

+22 ccs to Mr.V.Raghupathi, Advocate Sr.14799, 14798 +1cc to the Government pleader Sr.15566, 15565 W.P.Nos.78, 83, 82, 79, 80, 87, 81, 84, 85, 86, 234, 238, 236, 235, 237, 239, 240, 241, 244, 242, 243, 245 of 2013 and W.M.P.

Nos.5282, 5272, 5274, 5270, 5283, 5286, 5287 and 5288 of 2021 ajs[co] srg 15/03/2021