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Madras High CourtWP/9671/2024disposed of

G.Jayalakshmi v. The Secretary To Government Of Tamilnadu

2024-04-15Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR G.Jayalakshmi

...Petitioner

Vs.

1.The Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai - 600 005.

2.The Commissioner of Urban Land Ceiling and Tax, Ezhilagam, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.The Assistant Commissioner of Urban Land Ceiling and Tax, No.153, Karuneegar Street, Adambakkam, Chennai - 600 088.

4.The Tahsildar, Sholinganallur Taluk, Sholinganallur, Chennai.

...Respondents

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PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to grant no objection to the 4th respondent to mutate the revenue record and grant of patta to the land with an extent of 2520 sq.ft. situated to Plot No.112, Rajaji Nagar, 1st Street comprised in Old Survey No.105/2, New Survey No.105/111, as per patta No.371 situtated in Madipakkam Village, Sholinganallur Taluk, Chennai District in favour of the petitioner ad her children.

For Petitioner :

Mr.S.P.Sudalaiyandi For Respondents :

Mr.P.A.Sthish Additional Government Pleader for R1 to R4

ORDER

It is submitted that the property originally purchased by the husband of the petitioner on 10.04.1985. The patta has also stood in his name. Thereafter, the respondent issued a notice dated 28.10.1999 after the Repeal Act came into force. The petitioner challenged the said notice before the Civil Court and the Civil Court has granted decree holding that the notice is null and void.

2.After the death of the petitioner's husband, the petitioner has 2/5

approached the 4th respondent in turn advised the petitioner for getting NOC. The petitioner made a representation in this regard on 12.02.2024, however, no order has been passed and therefore, seeks direction before this Court.

3.The learned Additional Government Pleader would submit that some other Writ Petitions are pending before this Court that no objection has not been granted. Further, no final orders have been passed. 4.Hence, the 1st respondent is directed to consider the representation of the petitioner dated 12.02.2024 and pass elaborate orders in this regard taking note of the decree already granted by the Civil Court. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order. No costs.

15.04.2024 Index : Yes / No Internet : Yes / No : Yes / No mps To 1.The Secretary to Government of Tamil Nadu, 3/5

Revenue Department, Fort St. George, Chennai - 600 005.

2.The Commissioner of Urban Land Ceiling and Tax, Ezhilagam, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.The Assistant Commissioner of Urban Land Ceiling and Tax, No.153, Karuneegar Street, Adambakkam, Chennai - 600 088.

4.The Tahsildar, Sholinganallur Taluk, Sholinganallur, Chennai.

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N. SATHISH KUMAR, J, mps 15.04.2024 5/5