Nithiyakalyanni v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA Nithiyakalyanni ... Petitioner Vs.
1.The Principal Secretary Govt. Of Tamil Nadu, Revenue Department, Secretariat, Chennai- 09.
2.The Secretary Department Of Revenue, Secretariat, Chennai- 09.
3.The Principal Commissioner Of Land (Admin) Chepauk, Chennai-05.
4.The Asst. Commissioner Land Tax, Tambaram, No.153, Karuneekar Street, Office At Adambakkam, Chennai-88.
5.The District Collector Chenglepet District.
6.The Tahsildhar Pallavaram Taluk, Pallavaram, Chennai.
Cuddalore District-606304
...Respondents
1/5
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the respondents 2 to 4 herein to dispose the representation dated 13.09.2024 to pass appropriate order in compliance with the provisions of G.O.No.565 Revenue Dept. dated 26.09.2008, in order to regularize and approve the layout of the land at JAYA NAGAR Situated at No.128, Anagaputhur Village under S.No. 264 bearing Plot No.22 admeasuring 1800 Sq ft of duly registered vide Doc. No.1768/ 2006 dated 10.05.2006 in the office of pammal Sub Registrar, Saidapet Taluk (previously at Chennai Anna District), presently Chengalpattu District within the stipulated period as prescribed by this Honble Court, with reference to the covered Judgement of this Honble High Court of Madras in W.P.No.24368/ 2021 and in W.P.No. 24370 / 2021 dated 16.11.2021.
For Petitioner : M/s.G.Thangavel For Respondents : Mr.A.Selvendran, Spl.GP.
for R1 to R6.
O R D E R
Seeking the extension of the benefit of GO.Ms.No.565 Revenue Department No.1 dated 26.09.2008, the petitioner is before this Court. 2/5
2. The petitioner had purchased the subject property measuring 1800 sq.ft. under a registered sale deed dated 10.05.2006. From the date of the purchase, the petitioner has been in possession and enjoyment of the property. Since the purchase had taken place in the year 2006 and the petitioner has been in possession of this unapproved lay out from the year 2006, a request was made to pass orders on the representation dated 13.09.2024 to regularise and approve the layout of the petitioner's land. However, the same has not been considered to date. It is also stated that the adjacent land owners had already moved this Court with reference to the above said Government Order and got necessary orders. Therefore, the petitioner is before this Court.
3. Heard the learned counsels on either side.
4. Considering the limited request and also considering the fact that the petitioner's representation dated 13.09.2024 has not been considered to date, the Writ Petition is allowed and a mandamus is issued to respondents 2 to 4 to consider the petitioner's representation dated 13.09.2020 in the light of the provisions of GO.Ms.No.565 3/5
Revenue Department No.1 dated 26.09.2008 to regularise and approve the layout of the petitioner's land which is the subject matter of the Writ Petition within a period of 2 weeks from the date of receipt of a copy of this Court. No costs.
29.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Principal Secretary Govt. Of Tamil Nadu, Revenue Department, Secretariat, Chennai- 09.
2.The Secretary Department Of Revenue, Secretariat, Chennai- 09.
3.The Principal Commissioner Of Land (Admin) Chepauk, Chennai-05.
4.The Asst. Commissioner Land Tax, Tambaram, No.153, Karuneekar Street, Office At Adambakkam, Chennai-88.
5.The District Collector Chenglepet District.
6.The Tahsildhar Pallavaram Taluk, Pallavaram, Chennai.
Cuddalore District-606304 4/5
P.T. ASHA . J., (shr) 29.11.2024 5/5