← Library
Madras High CourtWP/20254/2024disposed of

J.Edwin Rajkumar v. The Commissioner

2024-07-25Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR J. Edwin Rajkumar .. Petitioner Vs The Commissioner The Urban Land Ceiling and Urban Land Tax Chepauk Chennai 600 005 The Assistant Commissioner The Urban Land Tax Old Collectorate Building Collectorate Campus Coimbatore 641 018 The Executive Engineer Tamil Nadu Urban Habitat Development Board Opp. Shivalaya Mahal Coimbatore Division 397-A, North Housing Unit Selvapuram Coimbatore 641 026 The President Perur Chettipalayam Village Panchayat Perur Main Road Thondamuthur Coimbatore 641 010 Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent, viz., the Commissioner, Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai, to consider and pass orders on merits on the application submitted dated 11.11.2008 under the category of innocent buyer. For Petitioner Mr. A.G. Rajan For RR 1 , 2 & 4 Mr. S.J. Mohammed Sathik Government Advocate For R3 Mrs. K. Indumathy Venkatesh

O R D E R

This writ petition has been filed for a direction to the 1st respondent to consider and pass orders on merits on the application submitted dated 11.11.2008 by the petitioner under the category of innocent buyer.

2. Heard both sides and perused the materials placed on record.

3. It is the case of the petitioner that he purchased a piece of land to an extent of 9.45 cents in S.No.190/2 at Perur Chettipalayam Village, Coimbatore, on 20.12.1996; after a period of 12 years from the said purchase, he came to know that the land is under the Urban Land Ceiling Act; therefore, he applied 2/4

for regularisation under the category of innocent buyer on 11.11.2008 and the same has not been considered till date. Hence, the present writ petition.

4. Considering the fact that the petitioner had applied for regularisation long ago, i.e., on 11.11.2008, the petitioner shall give a fresh application to the 1st respondent, based on G.O.Ms.No.565, Revenue Department, dated 26.09.2008, within a period of ten days from the date of receipt of a copy of this order and on receipt of such representation, the 1st respondent shall consider and pass orders in accordance with law, within a period of three months, thereafter.

With the above direction, this writ petition is disposed of. No costs. 25.07.2024 gya Index : Yes/No To The Commissioner The Urban Land Ceiling and Urban Land Tax Chepauk Chennai 600 005 3/4

N.SATHISH KUMAR, J.

gya The Assistant Commissioner The Urban Land Tax Old Collectorate Building Collectorate Campus Coimbatore 641 018 The Executive Engineer Tamil Nadu Urban Habitat Development Board Opp. Shivalaya Mahal Coimbatore Division 397-A, North Housing Unit Selvapuram Coimbatore 641 026 The President Perur Chettipalayam Village Panchayat Perur Main Road Thondamuthur Coimbatore 641 010 25.07.2024 4/4