V.Badri Narayanan v. The State Rep. By Its Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.V.Badri Narayanan 2.Mrs.Divya Badri Narayanan ... Petitioners Vs.
1.The State rep. by its Secretary, Government of Tamil Nadu, Department of Revenue, Fort St. George, Chennai - 600 009.
2.The Commissioner, Urban Land Ceiling and Land Tax, Chepauk, Chennai - 600 005.
3.The Assistant Commissioner, Urban Development, Thandaiarpet Zone, 4th Floor, Kuralagam, Broadway, Chennai - 600 108.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of 1/6
India, to issue a Writ of Mandamus, directing the 3rd respondent to consider the representation dated 01.10.2019 and pass appropriate orders on merits in accordance with G.O.Ms.No.565, Revenue Department, dated 26.09.2008 for regularization of land, pertaining to the property situated at Selavoyal Village, Tondiarpet Taluk, Chennai District, comprised in Survey field number 70/5 bearing Plot Number 21 measuring an extent of 1800 sq.ft within a time frame as deemed fit by this Court. For Petitioner : Mr.K.Jayaraman For Respondents : Mr.Arasakumar Government Pleader for R1 to R3
O R D E R
By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.
2. The petitioner herein seeks a direction to the 3rd respondent to consider his representation dated 01.10.2019 in the light of the Government Order in G.O.Ms.No.565, Revenue Department, dated 26.09.2008 for regularization of land situated in Survey field number 70/5 bearing Plot Number 21 measuring an extent of 1800 sq.ft in Selavoyal 2/6
Village, Tondiarpet Taluk, Chennai District.
3. It is the case of the petitioner that he purchased the above mentioned property under registered sale deed dated 11.09.2002, when he attempted to put up construction in the property purchased by him it came to his knowledge that the property was subjected to Urban land Ceiling proceedings. Therefore, the petitioner submitted a representation dated 01.10.2019 before the 3rd respondent seeking regularization of the property purchased by him under innocent purchaser scheme, the same has not been considered. Hence, the petitioner is before this Court.
4. The learned Special Government Pleader, who is taking notice for the respondents, brought to the attention of this Court the notice issued by the 3rd respondent in his proceedings Na.Ka.No.A3/764/2019, dated 03.10.2019, whereunder the petitioner was directed to produce certain documents. He further submitted that the request of the petitioner will be considered in accordance with law.
5. The learned counsel appearing for the petitioner submitted 3/6
that the documents required by the 3rd respondent in his notice dated 03.10.2019 have already been produced before him.
6. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue direction to the 1st respondent to consider the representation of the petitioner dated 01.10.2019 and pass final orders on its own merits within a period of eight weeks from the date of receipt of copy of this order after issuing necessary notice to the petitioner and other interested parties.
7. With the above directions, this writ petition is disposed of. No costs.
14.10.2024 Index : Yes/No Speaking order:Yes/No ub 4/6
To 1.The State rep. by its Secretary, Government of Tamil Nadu, Department of Revenue, Fort St. George, Chennai - 600 009.
2.The Commissioner, Urban Land Ceiling and Land Tax, Chepauk, Chennai - 600 005.
3.The Assistant Commissioner, Urban Development, Thandaiarpet Zone, 4th Floor, Kuralagam, Broadway, Chennai - 600 108.
S.SOUNTHAR, J.
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ub 14.10.2024 6/6