G.Arumugam v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
WEDNESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WRIT MISCELLANEOUS PETITION NO.2986 OF 2018 IN WP.28515 OF 2012 G.Arumugam s/o.Gurukrishnan, Door No.3, Ramasamy Street, S.I.H.S.Colony, Civil Aerodrome Post, Coimbatore-641 014.
...Petitioner
-VsThe State of Tamilnadu rep.by its, The Secretary to Government, Revenue Department, Fort St.George, Chennai-600 009.
The Special Commissioner and Land Reforms, Chepuk, Chennai-600 005.
The Competent Authority/Assistant Commissioiner, (Urban Land Ceiling and Urban Land Tax), Coimbatore.
The Tahsildar Coimbatore South Taluk, Coimbatore-641 018.
...Respondents
Prayer:
Petition praying that in the circumstances stated therein and in the affidavit filed therewith. The High Court will be pleased to Condone the Delay of 776 days in filing the application for Restoration, to Restore the WP No.28515 of 2012. Therefore, it is prayed that this Hon'ble Court may be pleased to issue a Writ of Declaration or any other order or direction in the nature of a Writ, declaring the acquisition proceedings initiated by the respondents under the provisions of the Tamil Nadu Urban Land (Ceiling & Regulations) Act, 1978 in
respect of the house, ground and premises bearing Door No.3, Ramasamy Street, S.I.H.S.Colony, Civil Aerodrome Post, Coimbatore-641 014, comprised in Survey No.336/2, measuring 3420 sq.ft. situate at Uppilipalayam Village, Coimbatore South Taluk, Coimbatore Town & District, stands abated in view of Sec.4 of the Tamil Nadu Urban Land (Ceiling & Regulation) Repeal Act, 1999 namely Act 20 of 1999 so as to enable the 4th respondent to incorporate the name of the petitioner as owner of the above property in all the revenue records and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. Order :
This petition coming on for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.Srinivasan, Advocate for the petitioner and of Mr.M.R.Gokulkrishnan Government Advocate for the Respondents the court made the following order:- This petition is filed to condone the delay of 776 days in filing the application for restoration, to restore the W.P.No.28515 of 2012, which was dismissed for non-prosecution on 28.10.2015.
2.Heard both sides.
3. This petition is allowed on the condition that the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the Tamil Nadu State Legal Services Authority, High Court, Campus, Chennai, within a period of two weeks from the date of receipt of a copy of this order. Failing which, the petition will stand dismissed automatically. On such deposit being made, the Registry is directed to number the restoration petition.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To The State of Tamilnadu rep.by its, The Secretary to Government, Revenue Department, Fort St. George, Chennai-9.
The Special Commissioner and Land Reforms, Chepauk, Chennai-5.
The Competent Authority/Assistant Commissioiner, (Urban Land Ceiling and Urban Land Tax), Coimbatore.
The Tahsildar Coimbatore South Taluk, Coimbatore-641 018.
The Secretary, High Court Legal Services Authority, High Court Campus, Chennai.
Copy To The Sub Assistant Registrar, Writ AE Section, High Court, Chennai 104.
The Section Officer, Writ-Section, High Court, Chennai 104.
+1cc to the Government Pleader, S.R.No.52784 Dated:06.10.2021 Decree:
WMP.2986/2018 IN WP28515/2012 Allowing this Miscellaneous Petition on condition to pay a sum of Rs.5000/- to Tamilnadu Legal Services Authority etc., as stated within.
PVS(CO) PM/09/11/2021