Madras High CourtWP/8722/2015disposed of

N.S.Jaya v. The Secretary

2016-08-31Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.08.2016

CORAM:

THE HON'BLE MR.JUSTICE N. KIRUBAKARAN W.P.No. 8722 of 2015 N.S. Jaya ... Petitioner Vs

1. The Secretary, Deparment of Revenue, Secretariat, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Principal Commissioner and Commissioner of Land Reforms, Ezhilagma, Kamarajar Salai, Chepauk, Chennai - 600 005.

3. The Commissioner (ULC) and Director of (ULT) Ezhilagam, Chepauk, Chennai - 600 005.

4. The Tahsildar, Velachery Taluk, Velachery, Chennai.

5. The Tahsildar, Mylapore-Triplicane Taluk, Mylapore, Chennai.

... Respondents Prayer: This writ petition has been filed under Article 226 of the constitution of India for issuance of Writ of Mandamus directing the respondents to restore back the name of the petitioner in the revenue records as well as in the Town Survey Register maintained by the 1st, 4th, and 5th respondents as been the owner of the land comprised in Survey No. 214/24-1A, 1A, 1A3 in Thiruvanmiyur Village measuring an extent of 2 Grounds and 2298 Sq.ft.

For Petitioner : M/s.P. Subba Reddy & K.Aparnadevi For Respondents : Mr. V. Jaya Praksh Narayanan, Special Government Pleader

ORDER

The petitioner has approached this Court seeking Writ of Mandamus directing the respondents to restore the petitioner's name in the revenue records as well as the town survey register maintained by the respondents 1, 4 and 5, in respect of the land comprised in Survey No. 214/2A, 1A, 1A, 1A - 3 in Thiruvanmiyur Village measuring an extent of 2 Grounds and 2298 Sq.ft. or otherwise 5 Acres and 44 square meters.

2. The aforesaid property forms part of larger a extent of property comprised in Survey No. 214/2, measuring 5 grounds and 498 sq.ft, out of which, the Government of Tamil Nadu sought to acquire 2 grounds and 2298 Sq.ft or 7080 sq.ft. or 650 square meter being in excess land as per the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. The said land ceiling proceedings were successfully challenged by the petitioner up to the Hon'ble Supreme Court. After succeeding in the proceedings, the petitioner sought for restoration of her name in the revenue records and gave representations dated 04.08.2014 and 20.11.2014. In spite of that, the respondents have not changed or restored the petitioner's name in the revenue records in respect of the above property, compelling her to approach this Court by way of this writ petition.

3. Heard Mr. Subba Reddy, learned counsel appearing for the petitioner.

4. Mr.V.Jaya Prakash Narayanan, learned Special Government Pleader would produce the communication of the Tahsildar, Velachery Taluk, wherein, it has been stated by the Tahsildar that necessary changes have been made in town survey land register in favour of the petitioner and a copy of the said register along with the entry has been produced before this Court. A copy of the same is also given to the learned counsel for the petitioner.

5. A perusal of the town survey register would show that the petitioner's name has been incorporated in the register. Therefore, the prayer sought for by the petitioner has been complied with.

Recording the above, the Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rts/sms To