Madras High CourtWP/49752/2025disposed of

P.Pinnathevan v. State Of Tamilnadu

2026-01-29Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY P.Pinnathevan S/o.Pinnathevan No.2/21, 2nd Main Road, Raghava Nagar, Chenna 600 091.

..Petitioner(s) Vs State of Tamilnadu Represented By Its Secretary To Govt. Revenue, And Disaster Management Department, Secretariart, Chennai 600009.

..Respondent(s) PRAYER: This writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the government letter Revenue and Disaster Management Department No.10716 / ULCI (2) /2024 -1 dated 26/12/2024 and quash para 2 of the letter as arbitrary and illegal and direct the respondent to consider the case for regularization under GO.Ms.565 Revenue ULCI (2) dept. dated 26/09/2008.

For Petitioner(s):

Mr.G.Manoharan For Respondent(s):

Mr.Abishek Murthy, Govt. Advocate

ORDER

The petitioner had purchased 2400 sq.ft. of land in S.No.21 at Moovarasampettu Village on 30.03.1974 under a sale deed bearing document No.546. After obtaining the approval of the then Madras Metropolitan Development Authority, the petitioner constructed a residential house thereon. The petitioner asserts that he is in possession of the property and has been paying requisite taxes, electricity charges and the like. When he applied for patta, he was informed that 2153 sq.ft from and out of the land purchased by him is the subject of proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. Therefore, he made an application dated 04.09.2018 under the Innocent Buyer Scheme. The said application was rejected on the ground that the petitioner had purchased the land prior to the entry into force of the Tamil Nadu Urban Land (Ceiling and Regulation) Act. Hence, this writ petition.

2. Mr.Abishek Murthy, learned Government Advocate, has obtained written instructions in the matter. On that basis, he submits that the petitioner is entitled to release of the land from the purview of the Tamil Nadu Urban Land (Ceiling and Regulation) Act.

3. Paragraph 6 of the communication received by learned Government Advocate is relevant and the same is set out below: "6. I am to state that the Government is taking necessary action in favour of the writ petitioner to release land purchased by him from the provisions of the Tamil Nadu Urban Land (Ceiling & Regulation) Act. 1978 without any payment toward land value as prescribed in G.O.(Ms.) No.565, Revenue [ULC1(2)] Department, dated 26.09.2008, since the Writ petitioner has purchased the land prior to the date of introduction (03.08.1976) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, vide Sale deed document No.546, dated 30.03.1974 and hence the land will not come under the purview of the said Act.

4. Taking note of the above, this writ petition is disposed of by directing the respondent to pass orders for the release of the petitioner's land from the purview of the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978, within a period of four weeks from the date of receipt of a copy of this order. No costs.

29-01-2026 KAL

SENTHILKUMAR RAMAMOORTHY, J.

KAL To State Of Tamilnadu Represented By Its Secretary To Govt. Revenue, And Disaster Management Department, Secretariart, Chennai 600009.

29-01-2026