M. Priya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI 1.M.Priya ... Petitioner in W.P.No.31636 of 2022 2.K.R.Viswanath ... Petitioner in W.P.No.31639 of 2022
3. K.V.Ramachandran ... Petitioner in W.P.No.31643 of Vs.
1.The District Collector, Thiruvallur District Collectorate, 1st Floor, Master Plan Complex, NH-205, Thiruvallur - 602 001.
2.The Tahsildar, Maduravoyal Taluk Office, Ganesh Nagar, Porur, Thiruvallur District - 600 116.
3.The Assistance Commissioner, (Urban Land Tax), Kundrathur, No.15, Karuneegar Street, Adambakkam, Chennai - 600 088.
... Respondents in all WPs 1/6
Prayer in W.P.No.31636 of 2022: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3rd respondent to consider the petitioner representation dated 14.06.2022 and regularizing the petitioner's land and directing the 3rd respondent to issue the "No Objection Certificate" in favour of the petitioner's property situated at Plot No.195, Velan Nagar, Main Road, Alwartirunagar, Valasaravakam, Chennai 600 087, comprised in Survey No.7/1A, measuring an extent of 2000 sq.ft. situated at Valasaravakkam Village, Maduravoyal Taluk, Thiruvallur District. Prayer in W.P.No.31639 of 2022: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3rd respondent to consider the petitioner representation dated 14.06.
2022 and regularizing the petitioner's land and directing the 3rd respondent to issue the "No Objection Certificate" in favour of the petitioner's property situated at Plot No.288, Velan Nagar, 6th Street, Alwartirunagar, Valasaravakam, Chennai 600 087, comprised in Survey No.113/7A1B, measuring an extent of 1337 sq.ft. situated at Valasaravakkam Village, Maduravoyal Taluk, Thiruvallur District. Prayer in W.P.No.31643 of 2022: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3rd respondent to consider the petitioner representation dated 14.06.2022 and regularizing the petitioner's land and directing the 3rd respondent to issue the "No Objection Certificate" in favour of the petitioner's property situated at Plot No.
73, Velan Nagar, Alwartirunagar, Valasaravakam, Chennai 600 087, comprised in Survey No.
No.101, measuring an extent of 1212 sq.ft. situated at Valasaravakkam Village, Maduravoyal Taluk, Thiruvallur District. For Petitioners :
Mr.K.K.Ramesh (in all WPs) For Respondents :
Mr.U.Bharanidharan (in all WPs) Additional Government Pleader COMMON ORDER Since the issue involved and the relief sought for in all these three Writ Petitions are identical in nature, the same were heard together and disposed of vide this common order.
2. The case of the petitioners is that they are the owners of the respective properties by way of registered Settlement deed, dated 03.03.2008 and sale deeds, dated 24.04.1992, 02.03.2006 respectively. Subsequent to the execution of the said deeds, the petitioners are in continuous possession and enjoyment of their respective properties for more than one decade. When the petitioners approached the second respondent to obtain Patta for their respective properties, they came to know that their properties were originally subjected to Urban Land Ceiling proceedings under the Provisions of the Tamil Nadu Urban Land [Ceiling and Regulation] Act, 1978. Therefore, the petitioners made a 3/6
representation dated 14.06.2022 before the third respondent, seeking for regularization of the purchase of land under "Innocent Buyers Category" under the purview of the orders issued in G.O.Ms.No.565, Revenue Department, dated 26.09.2008. Since the said representation was not considered by the third respondent, the petitioners have filed the present Writ Petitions.
3. The learned counsel for the petitioners submitted that, the similarly situated persons filed Writ Petitions before this Court in W.P.Nos.16766 and 7409 of 2019, challenging the Urban Land Ceiling Proceedings. This Court vide order dated 13.03.2020 allowed the said Writ Petitions in favour of the petitioners therein. Accordingly, he prayed for passing appropriate orders.
4. The learned Additional Government Pleader appearing for the respondents submitted that the petitioners' application/representation dated 14.06.2022 would be considered in terms of G.O.Ms.No.565, Revenue Department, dated 26.09.2008 and appropriate orders will be passed. 4/6
5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the third respondent or appropriate authority to consider the petitioners' representation dated 14.06.2022 in terms of order passed by this Court and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above observations and direction, these Writ Petitions are disposed of. No costs.
28.11.2022 Index: Yes/No Speaking Order : Yes/ No jd To 1.The District Collector, Thiruvallur District Collectorate, 1st Floor, Master Plan Complex, NH-205, Thiruvallur - 602 001.
2.The Tahsildar, Maduravoyal Taluk Office, Ganesh Nagar, Porur, Thiruvallur District - 600 116.
M.DHANDAPANI, J.
5/6
jd 3.The Assistance Commissioner, (Urban Land Tax), Kundrathur, No.15, Karuneegar Street, Adambakkam, Chennai - 600 088.
28.11.2022 6/6