Madras High CourtWP/28867/2022disposed of

Ambika Ispat Udyog, v. The Tahsildar

2022-11-02Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI M/s Ambika Ispat Udyog, Represented by its Partner, Mr.Rajendrakumar Gupta S/o Late Sunderlal Gupta Survey No.255/3A1, Sadayankuppam Village Road, Manali, Chennai 600 103.

... Petitioner Vs.

1. The Tahsildar, Tiruvottriyur Taluk, Tiruvottriyur Chennai - 600 019.

2. The Revenue Divisional Officer, No.472, T.H. Road, Tondiarpet, Chennai - 600 081.

3. The Revenue Secretary State of Tamilnadu, Fort St. George, Chennai - 600 009.

4. The Assistant Commissioner ( ULC & ULT), Madhavaram, No.2, Vivek Nagar, Kolathur, Chennai - 600 009

5. The Principal Secretary and Commissioner of ULC & ULT, Chepauk, Chennai-600 005.

... Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the Respondents to take appropriate steps on the representation of the petitioner dated 16.08.2022 and to correct mistakes crept in the revenue records relating to Survey No.255/3A1 and issue correct Patta in the name of the petitioner for Survey No.255/3A1 for an extent of 2.75 Acres at Manali Village, Thiruvottiyur Taluk, Chennai District and pass orders. For Petitioner : Mr.G. Ilangovan For Respondent : Mr.U. Bharanidharan Additional Government Pleader

O R D E R

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

2. This Writ Petition has been filed seeking a direction to the respondent to consider the representation of the petitioner dated 16.08.2022.

3. The case of the petitioner is that the petitioner is the absolute owner of the subject property and he was granted seperate Patta. While so when the petitioner applied for computer patta he came to know that petitioner's name

was removed and the subject property was shown as Government Land on Account of Urban Land Ceiling Acquisition. The Acquisition proceedings of the competent Authority of Urban And Ceiling in Rc.No.8030/88/D dated 26.09.1990 relating to the subject land and consequential gazette notification were challenged in W.P.No.9006 of 2004 and 36711 of 2006 and this Court by an order dated 07.06.2011 set aside the Urban Land Ceiling Proceedings. Hence the petitioner made a representation before the first respondent on 16.08.2022 to rectify the said error and issue seperate Patta to the petitioner. However, the same was not considered. Hence this writ petition.

4. In view of the fact that the Tamil Nadu Urban Land ( Ceiling and Regulation) Act, 1978 which is the subject matter of this writ petition was set aside by this Court in W.P.No.9006 of 2004 and 36711 of 2006 on 07.06.2011, the first respondent is hereby directed to consider the petitioner's representation dated 16.08.2022 in terms of the earlier orders passed by this Court and pass orders within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

02.11.2022 Index: Yes/ No Internet: Yes/No smn

M.DHANDAPANI,J.

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