K.Gandhi @ K.Karuppiah, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2020
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.12061 of 2020 K.Gandhi @ K.Karuppiah
...Petitioner
Vs.
1 The State of Tamil Nadu Rep.by its Principal Secretary to Government Revenue and Disaster Management Department Secretariat, Fort St. George, Chennai -9.
2 The Commissioner Commissionerate for Urban Land Ceiling and Urban Land Tax Chepauk, Chennai -5.
3 The Assistant Commissioner Urban Land Ceiling and Urban Land Tax Tambaram Zone, No.153 Karuneegar Street Adambakkam, Chennai -88.
...Respondents
This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to pass orders on the application submitted by the Petitioner dated 13.01.2020 in the prescribed format and the subsequent enquiry proceedings issued by the 3rd Respondent in Na.Ka.No.A/38/2020 dated 21.01.2020 (sic.21.01.2019) to the Petitioner to regularize the land in Plot No.23 of an extent of 1800 sq.ft in S.No.264/8 and Plot Nos.40 41, 42 and 43 of an extent of 7200 sq.ft in S.No.264/3 and Plot No.44 of an extent of 1800 sq.ft in S.No.264/4, Anakaputhur Village, Pallavaram Taluk, Chengalpet District under innocent purchaser category in terms of Government Orders issued in G.O.Ms.No.649, Revenue Department dated 29.07.1998 and G.O.Ms.No.565 Revenue(ULC-1(2)) Department dated 26.09.2008, within a time frame to be fixed by this Hon'ble Court. For Petitioner : Mr.G.Sankaran For Respondents: Mr.K.Parameshwaran Government Advocate
ORDER
This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondent to pass orders on the application submitted by the petitioner on 13.01.2020. 2.
When the matter was taken up for hearing today, Mr.K.Parameshwaran, learned Government Advocate appearing on behalf of the respondents brought to the notice of this Court the recommendation made by the third respondent on 03.03.2020. It was also circulated to this Court through e-mail. It is seen from the recommendation that the total extent of 10,800 sq.ft. which was purchased by the petitioner and which comes in the acquired portion, a recommendation has been made to pass necessary orders for the regularisation of the excess vacant land under the 'innocent buyers category'.
3.
In view of the above development, recording the submission of the learned Government Advocate and taking note of the recommendations made by the third respondent, there shall be a direction to the first respondent to pass necessary consequential orders, within a period of eight weeks from the date of receipt of a copy of this order.
4.
This Writ Petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mra To 1 The Principal Secretary to Government State of Tamil Nadu Revenue and Disaster Management Department Secretariat, Fort St. George, Chennai -9.
2 The Commissioner Commissionerate for Urban Land Ceiling and Urban Land Tax Chepauk, Chennai -5.
3 The Assistant Commissioner Urban Land Ceiling and Urban Land Tax Tambaram Zone, No.153 Karuneegar Street Adambakkam, Chennai -88.
+5cc to Mr.G.Sankaran, Advocate, Sr.No. 29820 W.P.No.12061 of 2020 PP(CO) RMP(06/10/2020)