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Madras High CourtWP/34281/2017disposed of

R. Prasanth v. The Asst. Commissioner

2018-01-03Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.Nos.34281 & 34282 of 2017 and WMP.Nos.38159 & 38160 of 2017 R.Prasanth ... Petitioner in W.P.No.34281/2017 A.Prakash ... Petitioner in W.P.No.34282/2017 versus 1.

The Asst. Commissioner Urban Land Ceiling-cum-Assistant Commissioner (ULT) Madhavaram, Kolathur, Chennai-600 099.

2.

The Commissioner Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai-600 005.

...Respondents in both the W.Ps.

W.P.No.34281/2017 is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioners representation dated 15.04.2015 and regularize the southern portion of the plot bearing No.5, Yes Pee Avenue, Kathirvedu, Madhavaram, Chennai - 600 066, comprised in Old S.No.61/4A1B, present S.No.61/4A1B2 as per patta in Patta No.3892 of Kathirvedu Village, Madhavaram Taluk, Thiruvallur District, measuring an extent of 2437 sq.ft. belonging to the petitioner in accordance with G.O.Ms.No.565, Revenue Department dated 26.09.2008 within a stipulated time fixed by this Court..'

W.P.No.34282/2017 is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioners representation dated 15.04.2015 and regularize the Plot bearing No.6, Yes Pee Avenue, Kathirvedu, Madhavaram, Chennai - 600 066, comprised in Old S.No.61/4A1B, present S.No.61/4A1B2 as per patta in Patta No.3892 of Kathirvedu Village, Madhavaram Taluk, Thiruvallur District, measuring an extent of 4750 sq.ft. belonging to the petitioner in accordance with G.O.Ms.No.565, Revenue Department dated 26.09.2008 within a stipulated time fixed by this Court..

For Petitioners : Mr.Ralph V. Manohar For Respondents : Mr.R.Govindasamy, Special Government Pleader C O M M O N O R D E R Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petitions are taken up for final disposal.

2. The petitioners seek for a Mandamus to direct the respondents to consider their application dated 15.04.2015, wherein and whereby, they sought for regularising the purchase of land, under the Innocent Buyers Category, by placing reliance on the order passed by the Government in G.O.No.565 Revenue Department dated 26.09.2008.

3. Heard both sides.

4. The grievance of the petitioners is that the said representation has not been considered so far.

5. Needless to say that it is for the first respondent to consider the said request of the petitioners and pass orders on the same on merits and in accordance with law also by taking note of the above said G.O. relied on by the petitioners, provided the said G.O. is applicable to the case of the petitioners in all four corners. Such exercise shall be done by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petition are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi To 1.

The Asst. Commissioner Urban Land Ceiling-cum-Assistant Commissioner (ULT) Madhavaram, Kolathur, Chennai-600 099.

2.

The Commissioner Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai-600 005.

+2ccs to Mr.Ralph V. Manohar, Advocate, S.R.No.557 +2ccs to Mr.Ralph V. Manohar, Advocate, S.R.No.558 +1cc to the Government Pleader, S.R.No.649 W.P.Nos.34281 & 34282 of 2017 NRK(CO) CS/23/01/18