Madras High CourtWP/2285/2015disposed of

S.Susila v. The Collector,

2015-02-02Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.2285 of 2015 S.Susila ..

Petitioner v.

1.The Collector, Thiruvallur, thiruvallur District.

2.The Assistant Commissioner Urban Land Ceiling and Urban Land Tax, Poonamallee, Chennai - 600 056.

3.The Tahsildar, Maduravoyal, Chennai - 600 093.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents to refrain from pursuing any action initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act 1978 in respect of the Petitioner's Land in Plot No.21 Part, Survey No.257, Ayappakkam Village, Maduravoyal Taluk, Thiruvallur District and to treat the said land as free from any such proceedings and issue fresh patta to the petitioner.

For Petitioner : MrP.Rajendran For Respondents : Mr.R.M.Mutukumar Govt. Advocate

ORDER

The petitioner has filed the above writ petition to direct the respondents to refrain from pursuing any action initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act 1978 in respect of the Petitioner's Land in Plot No.21 Part, Survey No.257, Ayappakkam Village, Maduravoyal Taluk, Thiruvallur District and to treat the said land as free from any such proceedings and issue fresh patta to the petitioner.

2. Mr.R.M.Mutukumar learned Government Advocate takes notice for the respondents and submitted that the petitioner has not produced any document to substantiate her claim over the property. Further, the learned Government Advocate submitted that she is the subsequent purchaser and therefore, instead of keeping the writ petition pending, the first respondent may be directed to pass orders on the representation dated 25.11.2014 filed by the petitioner.

3. The learned Counsel for the petitioner also submitted that the first respondent may be directed to consider and dispose of the representation dated 25.11.2014 given by the petitioner within a stipulated time.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the first respondent to consider the representation dated 25.11.2014 given by the petitioner and pass suitable orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With these observations, the writ petition is disposed of. However, there shall be no order as to costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar Rj To 1.The Collector, Thiruvallur, Thiruvallur District.

2.The Assistant Commissioner Urban Land Ceiling and Urban Land Tax, Poonamallee, Chennai - 600 056.

3.The Tahsildar, Maduravoyal, Chennai - 600 093.

1 cc to Mr.P. Rajendran, Sr. 5516 1 cc to Government Pleader, Sr. 5394 W.P.No.2285 of 2015 UGI (CO) kk 9/2