P.S.Bhaskar v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH P.S.Bhaskar ... Petitioner Vs.

1. The Government of Tamil Nadu, Represented by its secretary, Commercial Taxes and Registration Department, Fort St. George, Chennai 600 009

2. The Inspector General of Registration, Santhome High Road, Chennai 600 028

3. The District Registrar, Chennai South, Chennai 600 015.

4. The Sub Registrar, Avadi, Chennai 600 054

5. The Tahsildar, Avadi, Chennai 600 054 ... Respondents 1/7

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the the 2nd respondent to consider and pass orders on the petitioner's representation dated 26.03.2018 within a time frame that would be fixed by this Honourable Court For Petitioner : Mr.K.Venkatesan For Respondents : Mr.P.Sathish Special Government Pleader for R1 to R5

O R D E R

The writ petition has been filed seeking a Mandamus to the second respondent to consider the petitioner's representation dated 26.3.2018 within the time frame fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.

3. The case of the petitioner is that the property bearing plot No.34, Sai Nagar Layout comprised in old S.No.420/1B and Survey No.420/12 covered by 2/7

patta No.3193, Morai Village, Ambattur Taluk, Ambattur Sub~Registration District, Registration District Chennai was acquired by him by way of a registered sale deed dated 12.11.1997 vide doc.No.4839 of 1997 on the file of the fourth respondent for a valid sale consideration. When the petitioner verified the guideline value of the above mentioned plot through the registration department Website, he came to know that the survey Number of the petitioner's property has been mentioned as "Government Land". The petitioner verified the same also with the 3rd respondent and he was informed that the said property has been acquired for the purpose of road expansion. However, the said property has not been utilized for the purpose, for which, it was acquired.

4. Thereafter, the petitioner sent a representation dated 26.3.2018 to the second respondent seeking to determine the prevailing guideline value of the said property and to carry out correction in its classification from -government land- to -private land-. Since the same did not evoke any response, the present writ petition has been filed before this Court. 3/7

5. Despite receiving the representation dated 26.3.2018, the second respondent has not yet passed orders on the same. Therefore, the writ petition has been filed seeking the aforesaid relief. Ends of justice would be met if a direction is issued to the fifth respondent, who is the Competent Authority to consider the said representation. This Court also takes into consideration the earlier order passed in WP No.,34693 of 2024 dated 25.11.2024 wherein the brother of the petitioner approached this Court and sought for the same relief.

6. Accordingly, the writ petition is disposed of with a direction to the petitioner to submit a copy of the said representation dated 26.3.2018 to the fifth respondent for reclassification of the said property from -government landto -private land-, within a period of one week from the date of receipt of a copy of this order. On receipt of a copy of the said representation, the fifth respondent shall pass appropriate orders thereon within a period of three weeks therefrom. After necessary orders are passed by the fifth respondent, within a period of one week from the date of reclassification, the petitioner shall make a representation to respondents 1 to 4 to fix the guideline value and this 4/7

representation shall be disposed of within a period of four weeks therefrom. No costs.

07.02.2025 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order rka 5/7

To

1. The Government of Tamil Nadu, Represented by its secretary, Commercial Taxes and Registration Department, Fort St. George, Chennai 600 009

2. The Inspector General of Registration, Santhome High Road, Chennai 600 028

3. The District Registrar, Chennai South, Chennai 600 015.

4. The Sub Registrar, Avadi, Chennai 600 054

5. The Tahsildar, Avadi, Chennai 600 054 6/7

N. ANAND VENKATESH.J, rka Dated: 07.02.2025 7/7