S.Murugan v. The Principal Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 17.8.2021

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.20043 of 2020 S.Murugan

...Petitioner

vs.

1. The Principal Commissioner, Land Reforms (Urban Land Ceiling & Urban Land Tax), Ezhilagam, Chennai.

2. The District Collector, Kancheepuram District, Kancheepuram.

3. The Assistant Commissioner, Urban Land Tax, Tambaram (E.153), Karuneegar Street, Adambakkam, Chennai 88.

4. The Revenue Secretary, The State of Tamil Nadu, Secretariat, Fort St George, Chennai 600 009.

(R4 suo motu impleaded vide order dated 20.1.2021) ....Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the Government respondents to dispose of petitioner's application dated 24/11/2008 submitted to the first respondent for regularization of petitioner's plot bearing No.34, Survey No.8/3, having Patta No.1777, situate at Tambaram Village, Kannadapalayam, Tambaram Village, Kancheepuram District, lastly followed by petitioner's representation dated 23.05.2020 within a time frame that may be fixed by this Court. For Petitioner : Ms.E.Gomathi For Respondents: Mr.K.M.D.Muhilan, Government Advocate for R1 to R4

ORDER

The petitioner had purchased the property under the Sale Deed dated 27.6.1988 registered as Document No.457 of 1989. The petitioner had also obtained patta. The land, which the petitioner purchased, had, unfortunately, been subject matter of acquisition by the Government for Urban Development Projects viz., layout out pipelines. Notification in that regard was also issued.

2. The land relates to S.No.8/3 having patta No.1777 situate at Tambaram Village, Kannadapalayam, Tambaram Village, Kancheepuram District.

3. The petitioner had given a representation on 24.11.2008 claiming regularisation under the Innocent Purchasers Scheme.

4. It is the grievance expressed by the learned counsel for the petitioner that unfortunately, the said representation was passed on from one Department to other Department. The petitioner, thereafter, send several representations at each stage and replies were received seeking clarification and seeking further details and further documents. The petitioner made further representation lastly on 23.5.2020.

5. The learned counsel for the petitioner submits that the petitioner is a senior citizen and he is being made to run from pillar to post with respect the representation he has made.

6. In view of the facts above stated, a mandamus is issued to the Revenue Secretary, State of Tamilnadu, who has been impleaded as fourth respondent and the Assistant Commissioner, Urban Land Tax, the third respondent herein to examine the representation dated 23.5.2020 given by the petitioner herein seeking regularisation under the Innocent Purchasers Scheme.

7. It would only be appropriate that the petitioner submits a fresh copy of the representation enclosing all the relevant documents and addresses the same to the fourth respondent and also to the third respondent.

8. An obligation is placed primarily on the fourth respondent and third respondent to issue notice to the petitioner, enquire the petitioner, enquire into the holdings of the petitioner, examine the documents relating to the plot held by the petitioner and thereafter, pass a considered order. The said order shall be passed within 20 weeks from the date of receipt of fresh copy of the representation alongwith the copy of this order.

9. With the above observation, the writ petition is disposed of. No costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ssk.

To

1. The Principal Commissioner, Land Reforms (Urban Land Ceiling & Urban Land Tax), Ezhilagam, Chennai.

2. The District Collector, Kancheepuram District, Kancheepuram.

3. The Assistant Commissioner, Urban Land Tax, Tambaram (E.153), Karuneegar Street, Adambakkam, Chennai 88.

4. The Revenue Secretary, The State of Tamil Nadu, Secretariat, Fort St George, Chennai 600 009.

+2 Ccs to M/s.E. Gomathi, advocate sr 41511 +1 CC to The Government Pleader sr 41474 W.P.No.20043 of 2020 PMK(CO) SP(01/09/2021)