V.Subramanian v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 15.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR I.V.Subramiyam .. Petitioner Vs.
1.The Government of Tamil Nadu Rep. By is Secretary to Government Revenue Department Secretariat Fort St.George, Chennai
2. The Competent Authority and Assistant Commissioner Urban Land Tax Coimbatore
3. The Special Commissioner Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai - 600 005 ... Respondents (Suo motu impleaded by this Court vide this order) Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondents to consider the petitioner's application dated 18.09.2015 and to receive payment order as per G.O.Ms.No.565, Revenue NA/NEE/U Department 1/15
dated 26.09.2008 passed by the first respondent under the innocent buyer category and regularize the property admeasuring 5 cents (422 sq.ft) comprised in S.No.95/2 and 3, Ganapathy Village, Coimbatore District and regularise the sale deed of petitioner in terms of G.O.Ms.No.565, Revenue Department dated 26.09.2008 and G.O.Ms.No.649, Revenue Department dated 29.07.1998.
For Petitioner : Mr.R.Rajarajan For Respondents : Mr.T.K.Saravanan Government Advocate
O R D E R
Captioned writ petition pertains to regularization under what is known as 'Innocent Buyer Category' qua land purchased by writ petitioner.
2. Mr.R.Rajarajan, learned counsel on record for writ petitioner submits that writ petitioner purchased 'land admeasuring 5 cents and 422 sq.ft in S.F.No.95/2,3 situate in Ganapathy Village, Coimbatore District vide registered sale deed dated 19.08.1985 having been registered as Document No.3666/1985 on the file of jurisdictional Sub-Registrar's Office (SRO) i.e., SRO Gandhipuram, Coimbatore' [hereinafter 'said land' for convenience and clarity].
3. Mr.T.K.Saravanan, learned Government Advocate accepted notice on behalf of both the respondents. Owing to the narrow compass of 2/15
the captioned writ petition and the limited perimeter within which the matter perambulates, a counter affidavit from the State is not really necessary and the main writ petition is taken up for disposal though the matter is listed in the Admission Board. To be noted, this is with the consent of learned counsel on both sides.
4. Short facts are that the writ petitioner purchased said land in 1985; that it was thereafter notified that it comes under the ambit and purview of 'Tamil Nadu Urban Land Ceiling Act, 1978' [hereinafter 'said Act' for the sake of convenience]; that proceedings under Section 11(5) of said Act was initiated; that the writ petitioner filed a writ petition in W.P.No.8639 of 1992 assailing the same; that the matter was transferred to Tamil Nadu Land Reforms Special Appellate Tribunal; that the mater was re-numbered as TRP No.438 of 1999; that the matter was dismissed vide order dated 01.09.2000 by the Tribunal but liberty was given to the purchasers including the petitioner to petition the Government for regularization under 'G.O.Ms.649, Revenue, dated 29.07.1998' [hereinafter 'said G.O' for the sake of convenience and clarity]; that writ petitioner sent an application to the Government being application dated 18.09.2015; that 3/15
the application has not evoked any response one way or other; that the writ petitioner sent a representation dated 29.10.2022 and inter alia a reminder about the application; that the captioned writ petition has now been filed with a prayer to mandamus the respondents to consider the petitioner's application.
5. There is no disputation or disagreement that post said G.O dated 29.07.1998, another executive order, namely 'G.O.Ms.No.565, Revenue Department, dated 26.09.2008' [hereinafter 'said further G.O' for the sake of convenience and clarity] has been issued and the same is now operating. A scanned reproduction of said further G.O is as follows: 4/15
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6. This Court is informed that the writ petitioner's case falls under Paragraph 2(x) of the aforementioned G.O as the extent of said land is 5 cents and 422 sq.ft. This means that the aforementioned 18.09.2015 application of the writ petitioner should be considered by the Special Commissioner, Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai - 600 005. This Authority has not been arrayed as a respondent and considering the narrow scope of the writ petition, this Authority is impleaded as Respondent No.3. Registry to do the needful in this regard i.e., consequential and necessary amendments in the case file to be made before uploading this order and before giving certified copies of this order.
7. Learned counsel for writ petitioner abridges his prayer and submits that it will suffice if there is a directive to the third respondent to dispose of petitioner's application dated 18.09.2015 in the light of his reminder representation dated 29.10.2022. A scanned reproduction of the application and reminder representation are as follows: 9/15
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8. Captioned writ petition disposed of with a simple directive to the third respondent to dispose of aforementioned application dated 18.09.2015 and representation/reminder dated 29.10.2022 as expeditiously as the business of the respondent would permit and in any event within four weeks from today i.e., by 12.01.2023. A copy of the disposal proceedings shall be served on the writ petitioner under due acknowledgement within seven working days from the date of disposal by the third respondent. Though obvious it is made clear that there is no expression of view or opinion on the merits of the matter in this order and therefore, third respondent shall consider the application/reminder representation on its own merits and in accordance with law. Captioned writ petition disposed of in the aforesaid manner. There shall be no order as to costs.
15.12.2022 Non-speaking order Index: no gpa 13/15
To 1.The Secretary to Government Government of Tamil Nadu Revenue Department Secretariat Fort St.George, Chennai
2. The Competent Authority and Assistant Commissioner Urban Land Tax Coimbatore
3. The Special Commissioner Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai - 600 005 14/15
M.SUNDAR, J., gpa 15.12.2022 15/15