S.Santhosh Raj v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.13605 of 2020 S. Santhosh Raj ... Petitioner Vs.

1. The Secretary, Revenue Department, Secretariat, Fort St. George, Chennai 600 009.

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

3. The Asst. Commissioner (ULT), Ambattur Zone, No.5, Perumal Koil Sannathi Street, Poonamallee, Chennai 600 056.

.. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent toissue appropriate orders/direction to the 2nd and the 3rd respondents to regularise the Plot bearing No.58, "Natesan Nagar", Athipattu Village, Ambattur Taluk, comprised in S.No.378/2 (part) of Atthipattu Village, Ambattur Taluk, Thiruvallur District, 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 Petitioner : Mr.Ralph V. Manohar For Respondents: Mr.E.Balamurugane Spl. Govt. Pleader

O R D E R

This Writ Petition has been filed for issue of Mandamus directing the respondents to consider the representation made by the petitioner on 7.6.2019, wherein, the petitioner is seeking for the benefit as an innocent buyer under the relevant Government Order.

https://hcservices.ecourts.gov.in/hcservices/

2. Mr.E.Balamurugane, learned Special Govt. Pleader, on instructions, submitted that the 3rd respondent has already forwarded the recommendation to the 2nd respondent through proceedings dated 31.5.2019. Learned counsel submitted that the petitioner was found to be eligible under the innocent buyer scheme and some time may be fixed for the 2nd and 1st respondents to follow it through and pass final orders.

3. Taking into consideration the facts and circumstances of the case and also of the fact that the 3rd respondent has already recommended the case of the petitioner and placed the files before the 2nd respondent, the 2nd respondent is directed to pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order and place the files before the 1st respondent and the 1st respondent shall thereafter, proceed to consider the report submitted by the 3rd and 2nd respondents in line with G.O.Ms.No.565, dated 26.09.2008 and pass appropriate orders within a period of eight weeks thereafter.

4. This Writ Petition is disposed of with the above directions. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar msr To

1. The Secretary, Revenue Department, Secretariat, Fort St. George, Chennai 600 009.

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

3. The Asst. Commissioner (ULT), Ambattur Zone, No.5, Perumal Koil Sannathi Street, Poonamallee, Chennai 600 056.

+1 CC to Mr.Ralph V. Manohar, Advocate sr 34188 +1 CC to The Govt. Pleader sr 34102.

WP.No.13605 of 2020 AJS(CO) SP(11/11/2020) https://hcservices.ecourts.gov.in/hcservices/