S.Thangaraju v. The State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2021
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No. 9981 of 2021 S.Thangaraju, S/o. G.Swaminathan ... Petitioner
Versus
1. The State of Tamil Nadu, rep. By its Chief Secretary, Revenue Department, Fort St. George, Chennai-1.
2. The Principal Secretary to Govt. cum Commissioner, Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai-600 005.
3. The Assistant Director of Survey and Land Records, Kancheepuram Dt.
4. The Assistant Commissioner, Urban Land Ceiling and Urban Land Tax, Tambaram Zone, No.153, Karuneegar Street, Adambakkam, Chennai-600 068.
5. The Tahsildar, Tambaram Taluk, Kancheepuram Dt.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to regularise and receive payments from the petitioner as per G.O.Ms. No.565, dated 26.09.2008 for the plot No.11, Survey No.7/2, situated at Sri Durga Nagar, Tambaram Village, Tambaram Taluk, Kancheepuram as an innocent buyers category.
For Petitioner : Mr.G.Prabhakar For Respondents : Mr.E.Balamurugan, Special Govt. Pleader
O R D E R
(The case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the 2nd respondent to consider the petitioner's application as per G.O.Ms.No.565, dated 26.09.2008 as an innocent buyers category in respect of land in Plot No.11, Survey No.7/2, situated at Sri Durga Nagar, Tambaram Village, Kancheepuram.
2. The grievance of the petitioner is that, innocently, he has purchased the property in Plot No.11, Survey No.7/2, situated at Sri Durga Nagar, Tambaram Village, Kancheepuram District, covered under the Land Reforms Act and taking advantage of the G.O. referred above, he has made several applications before the respondents seeking for regularisation and lastly on 05.01.2021, but so far, his application was not considered and no order has been passed on it. Hence, the petitioner has filed the present Writ Petition.
3. Today, when the matter taken up for hearing, the learned Government Pleader submitted that already the 4th respondent has made a recommendation to the Additional Chief Secretary to Government, Revenue Department, Chennai on 08.01.2021 and the matter is pending with the Additional Chief Secretary to Government and he will pass orders within a period of three months.
4. Considering the submissions made by learned Government Advocate, the Additional Chief Secretary to Government, Revenue Department, Chennai is directed to consider the petitioner's application and pass suitable orders on merits in accordance with law after giving opportunity to the petitioner within a period of twelve weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar rpp
To
1. The Chief Secretary, State of Tamil Nadu, Revenue Department, Fort St. George, Chennai-1.
2. The Principal Secretary to Govt. cum Commissioner, Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai-600 005.
3. The Assistant Director of Survey and Land Records, Kancheepuram Dt.
4. The Assistant Commissioner, Urban Land Ceiling and Urban Land Tax, Tambaram Zone, No.153, Karuneegar Street, Adambakkam, Chennai-600 068.
5. The Tahsildar, Tambaram Taluk, Kancheepuram Dt.
+1cc to Mr.G.Prabhakar, Advocate SR.No.24260 +1cc to Government Pleader SR.No.24712 W.P.No. 9981 of 2021 RR(CO) GMY(30/06/2021)