Hemanth B Jain v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.10478 of 2025 1.Hemanth B.Jain 2.Vkram B.Jain 3.Dinesh B.Jain .... Petitioners -Vs1.Tahsildar 304/936, TH Rd, Ellaiamman Koil St., Urban Community Health Centre (UCHC) Tiruvottiyur Chennai 600 019.

2.The Commissioner for land Reforms Urban Land Ceiling and Tax Chepauk, Chennai 600 005.

3.The Assistant Commissioner/Competent Authority Urban Land Tax, Madhavaram Chennai 600 088.

.. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to issue patta in the name of the 1st , 2nd and 3rd petitioners for the property comprised in S.No.258/5 to an extent of 78 cents situated at Manali Village, Thiruvottiyur Taluk. 1 / 4

For Petitioners : Mr. M.S.Seshadri For Respondents : Mr.P.Sathish Additional Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the 1st respondent to issue patta in the name of the petitioners for the subject property.

2.When the matter came up for hearing on 02.04.2025, this Court passed the following order:

Mr.P.Sathish, learned Additional Government Pleader takes notice on behalf of the respondents.

2.The main grievance that was expressed by the learned counsel for the petitioners is that the subject property was a subject matter under the Urban Land (Ceiling and Regulation) Act, 1978. The same came to be challenged by the petitioner along with others in a batch of writ petitions in W.P.No.27695 of 2005 etc. These writ petitions came to be allowed by an order dated 19.09.2002 and the proceedings came to be quashed. The grievance of the petitioners is that this order has become final and in spite of the same, patta is not being issued in the name of the petitioners.

3.The learned Additional Government Pleader seeks for some time to take instructions in this case.

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4.Post this case under the caption 'For Orders' on 23.04.2025 3.When the matter was taken up for hearing today, the learned Additional Government Pleader confirmed the fact that no appeal has been filed till date and that the respondents are intending to file an appeal. 4.In the light of the above submission made by the learned Additional Government Pleader it is quite clear that the order passed in the batch of writ petitions has become final as on date. As a consequence, the patta has to be issued in the name of the petitioners.

5.In the light of the above discussion, there shall be a direction to the respondents to deal with the representation made by the petitioner on 05.02.2025 and to issue patta in the name of the petitioners. Necessary proceedings shall be issued within a period of six weeks from the date of receipt of copy of the order. 6.This writ petition is disposed of with the above directions. No costs. 23.04.2025 Index : Yes/No NCS : Yes/No KP 3 / 4

N.ANAND VENKATESH, J.

KP To 1.Tahsildar 304/936, TH Rd, Ellaiamman Koil St., Urban Community Health Centre (UCHC) Tiruvottiyur, Chennai 600 019.

2.The Commissioner for land Reforms Urban Land Ceiling and Tax Chepauk, Chennai 600 005.

3.The Assistant Commissioner/Competent Authority Urban Land Tax, Madhavaram Chennai 600 088.

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