Madras High CourtWP/10250/2022disposed of

M.S.Joseph v. The Chief Secretary

2022-04-26Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No.10250 of 2022 M.S.Joseph ... Petitioner Vs.

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2. The Secretary, Department of Revenue, Secretariat, Chennai - 600 009.

3. The Principal Commissioner of Land (Admin), Chepauk, Chennai - 600 005.

4. The Assistant Commissioner, Land Tax, Tambaram, No.153, Karuneekar Street, Office at Adambakkam, Chennai - 600 088.

5. The District Collector, Kancheepuram District, Kancheepuram - 631 501.

6. The Tahsildar, Tambaram Taluk, Tambaram, Chennai - 600 045.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 3 and 4 herein to dispose the representation dated 01.02.2022 in compliance with the provisions of G.O.Ms.No.565 Revenue Department No.1 dated 26.09.2008 in order to have the

regularization of the land in Plot No.48, in the layout land at "JAYA NAGAR" situated at No.128, Anagaputhur Village under S.No.264 admeasuring 1800 sq.ft duly registered vide Doc.No.5364 of 1996 dated 12.09.1996 in the SRO Pammal, Saidapet Taluk, enabling the petitioner to receive the Revenue Patta, at an early date, with reference to the covered judgement of the Hon'ble High Court of Madras in W.P.No.24368 of 2021 and in W.P.No.24370 of 2021 dated 16.11.2021.

For Petitioner :

Mr.G.Thangavel For Respondents :

Mr.V.Veluchamy Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondents 3 and 4 herein to dispose the representation dated 01.02.2022 in compliance with the provisions of G.O.Ms.No.565, Revenue Department No.1, dated 26.09.2008 in order to have the regularization of the land in Plot No.48, in the lay-out land at "JAYA NAGAR", situated at No.128, Anagaputhur Village under S.No.264 ad-measuring 1800 sq.ft, duly registered, vide Doc.No.5364 of 1996 dated 12.09.1996 in the SRO, Pammal, Saidapet Taluk, enabling the petitioner to receive the Revenue Patta, at an early date, with reference to the covered judgement of this Court in W.P.No.24368 of 2021 and in W.P.No.24370 of 2021 dated 16.11.2021. 2.

Mr.V.Veluchamy, learned Additional Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition, on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

The learned counsel for the petitioner submitted that the petitioner purchased the property situated at No.128, Anagaputhur Village under S.No.264 ad-measuring 1800 sq.ft. The said property was duly registered, vide Document No.5364 of 1996, dated 12.09.1996 in the SRO, Pammal, Saidapet Taluk. Thereafter, the petitioner came to know that the said land was the subject matter of Urban Land Ceiling proceedings. However, in order to construct a house in the said plot, it is necessary to get an approval by the Authorities concerned. Hence, the petitioner made a representation dated 01.02.2022, for regularization of his plot in terms of G.O.Ms.No.565 Revenue Department No.1 dated 26.09.2008 under the Innocent Purchaser Scheme. The petitioner made a representation to the respondents

dated 01.02.2022 in that regard. However, till date no order has been passed on the same. Hence, the present petition is filed. 4.

Though very many grounds have been raised, learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the respondents to consider the application of the petitioner dated 01.02.2022 in terms of said G.O.Ms.No.565 Revenue Department No.1 dated 26.09.2008 and the subsequent G.O.Ms.No.63 Revenue Department dated 27.01.2020 and pass orders on the same, within a particular time frame that may be fixed by this Court.

The learned Additional Government Pleader has no objection for said order being passed.

Considering the facts and circumstances of the case and the submission made by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the fourth respondent to consider the petitioner's representation, dated 01.02.2022 and pass orders on merits and in accordance with law, in terms of G.O.Ms.No.565 Revenue Department No.1 dated 26.09.2008 and also in terms of G.O.Ms.No.63, Revenue Department, dated 27.01.2020, within a period of twelve weeks from the date of receipt of a copy of this order.

With the above directions, this writ petition stands disposed of. No costs.

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