K.Elumalai, v. The Principal Commissioner /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN K.Elumalai ... Petitioner versus

1. The Principal Commissioner / Commissioner Land Reforms, Chepauk, Chennai 5.

2. The Assistant Commissioner / Competent Authority, Urban Land Ceiling, Poonamallee, Sannadhi Street, Chennai.

3. The Tahsildar, Poonamallee.

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the respondents, especially the order of the 2nd respondent, final statement dt 30.9.1997 vide SR.23/97/D under section 10(1) and Notice dt 10.8.1998 vide RC. 1047/98/D under Section 11 (5) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, in respect of excess vacant land in Survey No. 115/2 measuring an extent of 76 cents of Karunakaracheri Village, previously Sriperumbudur Taluk, now Poonamallee Taluk and Pg.Nos.1/4

quash the same by treating the proceedings referred to above as abated under Section 4 of the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act (Act 20 of 1999), and direct the 3rd respondent herein, to correct the entries in the revenue records by incorporating the name of the petitioner as owner of the land in the Survey No.115/2, measuring 3,050 sq.mts., or 76 Cents of Karunakaracheri Village, previously Sriperumbudur Taluk, now Poonamallee Taluk.

For Petitioner : Mr.T.Thiyagarajan For Respondents : Mr.P.Gurunathan Additional Government Pleader for R1 to R3

O R D E R

Today, when the matter is taken up for hearing the learned counsel for the petitioner submitted that the sole petitioner died and he sent a letter to the last known address of the legal heirs of the petitioner, but there is no response from them.

2.On perusal of records, it is seen that on 30.06.2021 itself, the learned counsel for the petitioner made a submission before this Court that the sole petitioner died and he is taking steps to bring the legal heirs on Pg.Nos.2/4

record. However, till today, he has not filed any miscellaneous petition to bring the LR's on record.

3.Therefore, the present Writ Petition cannot be kept pending, even after the death of the petitioner. Accordingly, this writ petition is dismissed as abated. There shall be no order as to costs. Consequently connected miscellaneous petition is closed.

21.11.2023 Index: Yes/No Speaking Order/Non-Speaking Order Jer To

1. The Principal Commissioner / Commissioner Land Reforms, Chepauk, Chennai 5.

2. The Assistant Commissioner / Competent Authority, Urban Land Ceiling, Poonamallee, Sannadhi Street, Chennai.

3. The Tahsildar, Poonamallee.

Pg.Nos.3/4

P.VELMURUGAN, J.

Jer 21.11.2023 Pg.Nos.4/4