R.Sanctus Mary v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Sanctus Mary ... Petitioner Vs.
1. The Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai 600 009.
2. The Commissioner (ULC and ULT) Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai 600 005.
3. The Assistant Commissioner, Office of the (ULT) Kancheepuram District, No.153, Karuneegar Street, Adambakkam, Chennai 600 088.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 3rd respondent to consider and pass appropriate orders with regard to Petitioner's application dated 04.01.2024 for regularizing the land covered by the Urban Land Ceiling Proceedings 1/5
situated in Plot No.37, Survey No.103, Door No.5/8, Andavar Nagar, 3rd street, Ramapuram, Chennai-600 089 upon receiving necessary charges. For Petitioner(s) : Mr.K.Sathish Kumar For Respondent(s) : Mr.A.Selvendran Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus, to direct the 3rd respondent to consider and pass appropriate orders with regard to petitioner's application dated 04.01.2024 for regularizing the land covered by the Urban Land Ceiling Proceedings situated in Plot No.37, Survey No.103, Door No.5/8, Andavar Nagar, 3rd street, Ramapuram, Chennai-600 089 upon receiving necessary charges.
3. It is submitted by the learned counsel for the petitioner that the subject land was purchased by the petitioner in the year 1989. At the time of purchasing the property the petitioner was not aware of the fact that the subject property is 2/5
covered under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. In the meanwhile, Government of Tamil Nadu had announced a scheme for regularization of properties covered under Tamil Nadu Urban Land (Ceiling and Regulation) Act vide G.O.Ms.No.545, Revenue Department dated 26.09.2008. It is further submitted by the learned counsel for the petitioner that in view of the above Government Order the petitioner submitted an application dated 04.01.2024, before the 3rd respondent seeking regularization of the subject property. However, the said application has not been considered so far by the 3rd Respondent. Aggrieved by the same, the petitioner has come before this Court.
4. At the outset it is submitted by the learned Special Government Pleader for the respondents that the petitioner's application dated 04.01.2024 would be considered and orders would be passed in accordance with G.O.Ms.565, Revenue Department, dated 26.09.2008, after affording the petitioner a reasonable opportunity of hearing within a time frame fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, the writ petition stands disposed of with a direction to the 3rd respondent to consider and dispose of the application in accordance with G.O.Ms.565, Revenue Department, dated 26.09.2008 within a period of 8 weeks 3/5
from the date of receipt of a copy of this order after affording the petitioner a reasonable opportunity of hearing. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. No costs.
02.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:
1. The Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai 600 009.
2. The Commissioner (ULC and ULT) Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai 600 005.
3. The Assistant Commissioner, Office of the (ULT) Kancheepuram District, No.153, Karuneegar Street, Adambakkam, Chennai 600 088.
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MOHAMMED SHAFFIQ, J.
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