P.Kaliammal v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2023
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.32144 of 2023
1. P.Kaliammal
2. V.Easwari
3. P.Kumar ... Petitioners Vs.
1. The Principal Secretary [Revenue (ULC-I(1) Department], Secretariat, Chennai - 600 009.
2. The Additional Chief Secretary/Commissioner, (Urban Land Tax & Urban Ceiling), Chennai - 600 005.
3. The Assistant Commissioner-cum-Competent Authority, (Urban Land Ceiling), Salem Now the Assistant Commissioner (Urban Land Tax), District Court Campus, Old Building, Coimbatore - 641 018.
4. The District Collector, Room No.101, 1st Floor, Collectorate, Salem - 636 001.
5. The Assistant Commissioner (Urban Land Tax), Salem.
6. The Tahsildar, Salem (West), Main Road, Subra Mania Nagar, Suramangalam, Salem - 636 302. ... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 & 6 to comply with all the necessary steps for issuance of patta in favour of the petitioners as per orders in G.O.(Ms) No.412 Revenue and Disaster Management [ULC-I(1)] Department dated 01.09.2022, which is applicable to the petitioners herein also and also on the basis of the consequent representation dated 01.03.2023 by the petitioners with the stipulated time.
For Petitioners : Mr.D.Shivakumaran For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, seeking direction to the respondents 1 to 4 and 6, for issuance of patta in favour of the petitioners on the basis of the petitioners' representation dated 01.03.2023.
2. Heard the learned counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents.
3. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 01.03.2023 and after issuing notice the petitioner, third parties if any are in possession of the property and interested parties/rival claimants if any, as the case may be and conduct enquiry and pass appropriate orders on merits and in accordance with law. The
abovesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
4. With the abovesasid direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition in W.M.P.No.32144 of 2023 is ordered on payment of separate court fees by each of the petitioners, failing which, the writ petition stands dismissed as against the default writ petitioners. 16.11.2023 mfa Index:Yes/No Speaking Order: Yes/No
To
1. The Principal Secretary [Revenue (ULC-I(1) Department], Secretariat, Chennai - 600 009.
2. The Additional Chief Secretary/Commissioner, (Urban Land Tax & Urban Ceiling), Chennai - 600 005.
3. The Assistant Commissioner-cum-Competent Authority, (Urban Land Ceiling), Salem Now the Assistant Commissioner (Urban Land Tax), District Court Campus, Old Building, Coimbatore - 641 018.
4. The District Collector, Room No.101, 1st Floor, Collectorate, Salem - 636 001.
5. The Assistant Commissioner (Urban Land Tax), Salem.
6. The Tahsildar, Salem (West), Main Road, Subra Mania Nagar, Suramangalam, Salem - 636 302.
P.VELMURUGAN, J.
mfa and W.M.P.No.32144 of 2023 16.11.2023