← Library
Madras High CourtWP/36065/2025disposed of

N.Radhakrishna v. The Asst Commissioner

2025-09-22Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 22.09.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY & W.M.P.No.40315 of 2025 N.Radhakrishna ... Petitioner Vs.

1. The Asst Commissioner (urban Land Ceiling Cum Assistant Commissioner (ult), Madhavaram Zone, No.2, Vivek Nagar, Kolathur, Chennai-600 099

2. The Commissioner Urban Land Ceiling And Urban Land Tax, Chepauk, Chennai-600 005

3. The State Of Tamil Nadu Rep. By Its Secretary To The Government, Revenue Department, Secretariat, Fort St. George, Chennai-600 009

4. The Tahsildar Gandhi Main Road, Puzhal, Madhavaram, Chennai-600 066 ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to 1/7

issue appropriate orders /direction to the 2nd and the 3rd Respondents to regularize the plot bearing Plot No.29, Lakshmi Nagar, 1st Street, Ponniammanmedu, Chennai-600 110, comprised in Old S.No.1227/2, New S.No.1227/2B, as per Patta S.No.1227/2B2 of Madhavaram Village, Previously Ambattur Taluk, now Madhavaram Taluk, Thiruvallur District, belonging to the petitioner in accordance with G.O. Ms. No.565, Revenue Department dated 26.09.2008 within a stipulated time fixed by this Honble Court For Petitioner : Mr.Ralph V.Manohar For Respondent : Mr.D.Ravichander, SGP

ORDER

This writ petition has been filed to direct the 1st Respondent to issue appropriate orders /direction to the 2nd and the 3rd Respondents to regularize the plot bearing Plot No.29, Lakshmi Nagar, 1st Street, Ponniammanmedu, Chennai-600 110, comprised in Old S.No.1227/2, New S.No.1227/2B, as per Patta S.No.1227/2B2 of Madhavaram Village, Previously Ambattur Taluk, now Madhavaram Taluk, Thiruvallur District, belonging to the petitioner in accordance with G.O. Ms. No.565, Revenue Department dated 26.09.2008. 2/7

2. Mr.D.Ravichander, learned Special Government Pleader, takes notice on behalf of the respondents.

3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

4. The learned counsel for the petitioner would submit that in this case, the petitioner purchased the subject property vide sale deed dated 15.12.2006. After the said purchase, the petitioner applied for mutation of revenue records in his name. At that time, it was informed to him that the subject property was affected by the Tamil Nadu Urban Land Ceiling and Regulation Act, 1978. The said aspect was not disclosed by the petitioner's vendor. Hence, being an innocent purchaser, the petitioner filed an application dated 08.04.2025 before the 1st respondent to avail the protection under GO.(Ms)No.565 dated 26.09.2008. Subsequently, on 16.04.2025, the 1st respondent issued a notice to produce all the original documents pertaining to the property. However, no order was passed by the 1st respondent till date. Hence, this writ petition. 3/7

5. In reply, the learned Special Government Pleader appearing for the respondents would request this Court to pass appropriate orders directing the respondents to consider and dispose of the representation filed by the petitioner.

6. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents and also perused the materials available on record.

7. In the case on hand, the petitioner purchased the subject property vide sale deed dated 15.12.2006. After the said purchase, the petitioner applied for mutation of revenue records in his name. At that time, it was informed to him that the subject property was affected by the Tamil Nadu Urban Land Ceiling and Regulation Act, 1978. The said aspect was not disclosed by the petitioner's vendor. Hence, being an innocent purchaser, the petitioner filed an application dated 08.04.2025 before the 1st respondent to avail the protection under GO.(Ms)No.565 4/7

dated 26.09.2008. Subsequently, on 16.04.2025, the 1st respondent issued a notice to produce all the original documents pertaining to the property. However, no order was passed by the 1st respondent till date.

8. In view of the above, this Court directs the respondents to consider the petitioner's application dated 08.04.2025 and dispose of the same on merits and in accordance with law within a period of 4 weeks from the date of receipt of copy of this order.

9. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is also closed.

22.09.2025 Speaking/Non-speaking order Index : Yes / No nsa 5/7

To

1. The Asst Commissioner (urban Land Ceiling Cum Assistant Commissioner (ult), Madhavaram Zone, No.2, Vivek Nagar, Kolathur, Chennai-600 099

2. The Commissioner Urban Land Ceiling And Urban Land Tax, Chepauk, Chennai-600 005

3. The State Of Tamil Nadu Rep. By Its Secretary To The Government, Revenue Department, Secretariat, Fort St. George, Chennai-600 009

4. The Tahsildar Gandhi Main Road, Puzhal, Madhavaram, Chennai-600 066 6/7

KRISHNAN RAMASAMY.J., nsa & W.M.P.No.40315 of 2025 22.09.2025 7/7