K.Palanisamy v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.Nos.15509 & 15566 of 2013 and M.P.Nos.1 and 2 of 2013 K.Palanisamy .. Petitioner in W.P.No.15509 of 2013 B.Nagasmanickam .. Petitioner in W.P.No.15666 of 2013 Vs 1.The Government of Tamil Nadu, rep.by its Secretary Revenue Department, Fort St.George, Chennai-9.

2.The Principal Secretary and Commissioner land reforms, Chepauk, Chennai-5.

3.The Authorized Officer, Urban Land Ceiling, Asst.Commissioner, Urban Land Tax Coimbatore - 18. .. Respondents in both W.Ps.

Prayer in W.P.15509 of 2013.: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the third respondent to consider the representation dated 09.03.2013 and issue patta to the petitioner for the property in S.F.Nos.142/2,143/2 and 144/2 Uppilipalayam Village, Coimbatore.

Prayer in W.P.15666 of 2013.: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the records pertaining to the proceedings of the 2nd respondent in R.C.No.4076/2008(J3) dated 25.03.2013, quash the same and direct the respondents to issue patta and adangal to her housing site in S.F.Nos.142/2, 143/2 and 144/2.

For Petitioner : Mr.R.Subramanian For Respondents : Mrs.M.E.Raniselvam Additional Govt.Pleader.

C O M M O N O R D E R The petitioners had purchased the property comprised in S.F.Nos.142/2, 142/3, 143/2 and 144/2 at Upplipalayam Village, Coimbatore on 15.09.1998. The subject lands which came under the provisions of Urban Land Ceiling Act, was earlier challenged in writ petition No.34344 of 2005 by one of the erstwhile owner. The said writ petition was allowed by an order dated 23.08.2010 and consequently, the respondents were directed to issue patta in favour of the then owner, within a period of four weeks. The order came to be challenged by way of an appeal before a Division Bench of this Court by the respondent which was also dismissed. Subsequently, the respondents had granted patta in favour of erstwhile owner. Thereafter, the petitioners who had purchased the property, sought for mutation of records and for issuance of patta in their name through applications to the third respondent on 09.03.2013 and 04.03.2013 respectively. Since the applications were not considered, the petitioners are before this Court.

2. Heard Mr.R.Subramanian, learned counsel appearing for the petitioner and Mr,M.E.Raniselvam, learned Additional Additional Government Pleader appearing for the respondents.

3. In view of the limited prayer sought for in these writ petitions, there shall be a direction to the third respondent to consider the petitioners' applications dated 09.03.2013 & 04.03.2013 seeking for issuance of patta to the petitioners for the property comprised in S.Nos.142/2, 142/3, 143/2 and 144/2 of Upplipalayam Village, Coimbatore, on its own merits and pass orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

With the above directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Government of Tamil Nadu, rep.by its Secretary Revenue Department, Fort St.George, Chennai-9.

2.The Principal Secretary and Commissioner land reforms, Chepauk, Chennai-5.

3.The Authorized Officer, Urban Land Ceiling, Asst.Commissioner, Urban Land Tax Coimbatore - 18.

+1cc to the Government Pleader, S.R.No.66155 rp(CO) md(21/11/2016) W.P.Nos.15509 and 15666 of 2013 and M.P.Nos.1 and 2 of 2013