Madras High CourtWP/28025/2019dismissed

A.Chinnaponnu v. The State Of Tamil Nadu

2019-09-24Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.09.2019 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Writ Petition No.28025 of 2019 and W.M.P.Nos.27642 and 27643 of 2019 A.Chinnaponnu .. Petitioner /versus/ 1.The State of Tamil Nadu, represented by the Commissioner Urban Ceiling and Urban Land Tax, Chepauk, Chennai - 600 005.

2.The Assistant Commissioner, Urban Land Ceiling and Tax, Kundrathur, Alandur -E, No.153, Karuneegar Street, Adambakkam, Chennai - 600 088.

3.The District Collector, Collectorate Building, Kancheepuram District, Kancheepuram.

4.The District Revenue Officer, Collectorate Building, Kancheepuram.

5.The Tahsildar, Taluk Ofice, Sholinganallur, Chennai.

6.The Sub Registrar, Adyar, No.57, Kamarajar Avenue, Adyar, Chennai - 600 020.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order passed by

the 2nd respondent vide his proceedings in Na.Ka.Aa/364/13, dated 27.09.2013 and quash the same as illegal and consequently direct the 1st respondent to quash the order in connection with the property in Survey No.227/6E of Kottivakkam Village, Kancheepuram District for an extent of 46 cents to enable the petitioner to register the document before the 6th respondent. For Petitioner :Mr.S.Radhakrishnan For Respondents :Mr.N.Inbanathan, AGP

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. Heard Mr.S.Radhakrishnan, learned counsel appearing for the petitioner and Mr.N.Inbanathan, learned Additional Government Pleader, who takes notice for the respondents. Perused the affidavit.

3. The prayer in the writ petition is to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order passed by the 2nd respondent vide his proceedings in Na.Ka.Aa/364/13, dated 27.09.2013 and quash the same as illegal and consequently direct the 1st respondent to quash the order in connection with the property in Survey No.227/6E of Kottivakkam Village, Kancheepuram District for an extent of 46 cents to enable the petitioner to register the document before the 6th respondent.

4. The order impugned in this writ petition is in respect of refusal to register the sale deed presented by the petitioner for registration on the ground that those lands were declared as excess land under the Tamil Nadu Land Ceiling and Regulation Act, 1978 and possession was taken by the Revenue Department on 16.06.1999. While so, the Tahsildar, pursuant to the order passed by this Court in W.P.No.1466 of 2013 dated 28.10.2013, has passed a detailed order on 12.05.2014 rejecting the request of one Gurubaran seeking patta.

5. Now, this petitioner challenges the order passed by the Assistant Commissioner of Urban Land Reforms dated 27.09.2013 which has instructed the Sub Registrar not to register any document pertaining to survey number mentioned in the letter, since they are all government lands.

6. This Court finds no reason to interfere with the order passed by the Tahsildar dated 12.05.2014. Hence, this writ

petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar Ari To:

1.The Commissioner Urban Ceiling and Urban Land Tax, Chepauk, Chennai - 600 005.