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Madras High CourtWP/15106/2017dismissed for nonprosecution

Mrs.Suseela, v. The Special Commissioner

2023-11-07Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.16378 of 2017

1. Suseela

2. Savithiri

3. Kannammal

4. Anjali

5. Kannan ... Petitioners Vs.

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

2. The Assistant Commissioner, for Urban Land Tax, Kundrathur at Alandur, Chennai - 600 088.

3. The Tahsildar,

Sriperumbudur Taluk, Kancheepuram District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that the proceedings initiated by the second respondent in R.C.No.709/1992-A dated 28.08.1992 is abated in view of Section 4 of the Repeal Act, since the physical possession of the Agricultural land comprised in Survey No.1352 to an extent of 0.25 Acres and Survey No.1353/8 to an extent of 0.82 Acres in all totalling of 1.07 Acres situated at Kundrathur Village, Sriperambudur Taluk, Kancheepuram District is with the petitioners. For Petitioners : No appearance For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

This Writ Petition has been filed to to issue a Writ of Declaration, declaring that the proceedings initiated by the second respondent in R.C.No.709/1992-A dated 28.08.1992 is abated in view of Section 4 of the Repeal Act.

2. When the matter was taken up for hearing on 02.11.2023, there was no representation on behalf of the petitioners. Hence, the matter was adjourned to 07.11.2023 i.e., today, under the caption 'for dismissal'. Even today, there is no representation on behalf of the petitioners. The Writ petition is of the year 2017. Though sufficient opportunity was given, the petitioners are not interested to proceed with the matter. Hence, the Writ Petition is dismissed for non-prosecution with costs of Rs.1,00,000/- (Rupees One Lakh only). Consequently, connected miscellaneous petition is closed. In case, if the petitioners file a restoration petition, unless the petitioners deposit the costs of Rs.1,00,000/-, the Registry shall not take the restoration petition on file. 07.11.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

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

2. The Assistant Commissioner, for Urban Land Tax, Kundrathur at Alandur, Chennai - 600 088.

3. The Tahsildar, Sriperumbudur Taluk, Kancheepuram District.

P.VELMURUGAN, J.

mfa and W.M.P.No.16378 of 2017 07.11.2023