← Library
Madras High CourtWP/9363/2020disposed of

K. Vijayalakshmi v. The State Of Tamil Nadu

2021-07-02Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.Nos.9363, 9360, 9355 & 9359 of 2020

1. K.Vijayalakshmi

2. G.Kumar

3. G.Umashanakar .. Petitioners in W.P.Nos.9363/2020 K.Devagi .. Petitioner in W.P.Nos.9355/2020 K.Arjunan .. Petitioner in W.P.Nos.9359/2020 V.Venkatesan .. Petitioner in W.P.Nos.9360/2020 Vs.

1. The State of Tamil Nadu, Rep. by Secretary to Government, Revenue Department, Secretariat, Chennai - 9.

2. The Director / Special Commissioner, Urban Land Ceiling cum Urban Land Tax Commissioner, Ezhilagam, Chepauk, Chennai - 05.

3. The Assistant Commissioner, Urban Land Tax Ambattur Division, Sannathi Street, Poonamallee, Chennai - 56.

.. Respondents in all the WPs Prayer in W.P.No.9363 of 2020: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to consider the petitioners representation dated 15.04.2019 and regularize the land belonging to the petitioners measuring 3267 square feet in Survey No.232/3D, Plot No.5, Korattur Village, Ambattur, in favour of the petitioners as per G.O.Ms.No.565 (Revenue ULC-I), dated 26.09.2008, free from all encumbrances.

Prayer in W.P.No.9355 of 2020: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.04.2019 and regularize the land belonging to the petitioners measuring 3485 square feet in Survey No.232/3C, Plot No.4, Korattur Village, Ambattur, in favour of the petitioner as per G.O.Ms.No.565 (Revenue ULC-I), dated 26.09.2008, free from all encumbrances. Prayer in W.P.No.9359 of 2020: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to consider the petitioners representation dated 15.04.2019 and regularize the land belonging to the petitioner measuring 3158 square feet in Survey No.232/3B, Plot No.3, Korattur Village, Ambattur, in favour of the petitioners as per G.O.Ms.No.565 (Revenue ULC-I), dated 26.09.2008, free from all encumbrances.

Prayer in W.P.No.9360 of 2020: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to consider the petitioners representation dated 15.04.2019 and regularize the land belonging to the petitioners measuring 3485 square feet in Survey No.232/3E, Plot No.6, Korattur Village, Ambattur, in favour of the petitioners as per G.O.Ms.No.565 (Revenue ULC-I), dated 26.09.2008, free from all encumbrances. For Petitioners : Mr.C.Jagadish in all WPs For Respondents : Mr.Yogesh Kannadasan, in all WPs Government Advocate - - - - - C O M M O N O R D E R (The case has been heard through video conference) Since all the writ petitions have been preferred on the same set of facts, submissions being common, they are taken up together and disposed of by means of this common order.

2. All the petitioners have purchased house sites by means of registered sale deed and subsequently they came to know that their lands were covered under the Urban Land Ceiling Act. In such circumstances, they made a representation to the third respondent to regularise the same as per G.O.Ms.No.565 (Revenue ULC-1), dated 26.09.2008. The grievance of the petitioners is that so far the said application has not been considered, hence they filed the present writ petition.

3. The learned Government Advocate appearing for the respondents submitted that the second respondent has referred the matter to the first respondent Government on 17.08.2020 and the matter is pending with the first respondent. He further submitted that the first respondent will consider and pass suitable orders at the earliest.

4. Considering the limited prayer sought for by the petitioners, without expressing any opinion on the merits of the case, this Court directs the first respondent to consider the representations of the petitioners dated 15.04.2019 and pass suitable orders on merits and in accordance with law after affording an opportunity of hearing to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kk To

1. The Secretary to Government, Revenue Department, Secretariat, Chennai - 9.

2. The Director / Special Commissioner, Urban Land Ceiling cum Urban Land Tax Commissioner, Ezhilagam, Chepauk, Chennai - 05.

3. The Assistant Commissioner, Urban Land Tax Ambattur Division, Sannathi Street, Poonamallee, Chennai - 56.

+2CCs to M/s.C.Jagadish, Advocate, Sr.No.31068 +1CC to Government Pleader, Sr.No.31179 W.P.Nos.9363, 9360, 9355 & 9359 of 2020 SKY (CO) K.RK. (06.08.2021)