P.Ragunathan v. The Assistant Commissioner /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No. 23496 of 2024 1.P. Ragunathan 2.P. Ramesh ..Petitioners Vs.

1.

The Assistant Commissioner/ Competent Authority, Urban Land Ceiling, No.153, Karuneegar Street, Adambakam, Chennai - 600 088.

2.

The Tahsildhar, NH32, Chitlapakkam, West Tambaram, Chennai - 600 045.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to incorporate the name of the petitioner as owner of an extent of 46 cents in Survey No.29/1A1A by deleting the entry "Tamizhaga Arasu".

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For Petitioners : Mr.M.Anandha Kumar For Respondents : Mr.U. Bharanidharan for R1 & R2 Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to include his name in the revenue records as owner of an extent of 46 cents in Survey No.29/1A1A by deleting the entry in favour of the Government.

2. According to the petitioners, the first petitioner purchased 58 1⁄2 cents in S.No.29/1A, Tambaram Village, under a sale deed dated 12.06.1986. The portion of the property purchased by the petitioner namely 46 cents was declared as surplus land under Tamil Nadu Urban Land Ceiling Act 1978, by the Competent Authority. Aggrieved by the same, the petitioner filed a Writ Petition in W.P.No.17619 of 2004 and the same was allowed. Thus, the declaration issued under Tamil Nadu Urban Land Ceiling Act 1978, got quashed. Consequently, the petitioner submitted a representation to the respondents 05.08.2019 seeking deletion of the name of the Government and 2/5

inclusion of the name of the petitioner in the revenue records in respect of the property, the same has not been considered. Aggrieved by the same, the petitioners are before this Court.

3. Mr.U.Baranidharan, learned Additional Government Pleader, who takes notice for the respondents 1 & 2 would submit that the request of the petitioner would be considered on its own merits, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the representation of the petitioner dated 05.08.2019, and pass final orders on its own merits, within a period of six weeks from the date of receipt of copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

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To 1.

The Assistant Commissioner/ Competent Authority, Urban Land Ceiling, No.153, Karuneegar Street, Adambakam, Chennai - 600 088.

2.

The Tahsildhar, NH32, Chitlapakkam, West Tambaram, Chennai - 600 045.

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S.SOUNTHAR , J.

dna W.P No.23496 of 2024 (1⁄2) 16.08.2024 5/5