T.M.Mahalakshmi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.28700 of 2018 T.M.Mahalakshmi ... Petitioner Vs.
1. The State of Tamil Nadu rep. by its Secretary to Government, Revenue Department, Secretariate, Chennai - 9.
2. The Special Commissioner and Commissioner for Urban Land Ceiling and Urban Land Tax, O/o the Commissionerate of Urban Land Tax, Chepauk, Chennai - 5.
3. The Assistant Commissioner, Urban Land Taxes, Thandayar Pettai Division, No.409, EVR Periyar High Road, 2nd Floor, Aminjikarai, Chennai - 29.
... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus to direct the 2nd respondent to consider the claims of the petitioner and pass orders on the representation of the petitioner dated 23.08.2018 within a reasonable time in regard to regularisation of innocent purchaser land as per the Government Order issued in G.O.(Ms) No.565, Revenue (Na Ni U 1 (1)) Department dated 26.09.2008 and also based on the similarly placed person's land regularisation order in Na.Ka.No.5211/2015 (J3), dated 20.09.2016 of the 2nd respondent.
For Petitioner : Mr.G.Elanchehiyan For Respondents : Mr.M.Elumalai Government Advocate
O R D E R
The grievances of the writ petitioner is that he is the innocent purchaser of land, which was acquired under the Land Ceiling Act. However, it is brought to the notice of this Court, that the case of the writ petitioner has already been forwarded by the Commissioner to the Government for passing appropriate orders and the Government has to consider the merits of the claim of the writ petitioner and has to take decision and pass orders. In this regard, the petitioner has submitted his representation dated 23.08.2018 to the first respondent, which is yet to be considered.
2. Thus, without going into the merits of the case, the first respondent is directed to consider the representation dated 23.08.2018 submitted by the writ petitioner on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.
3. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar asi To
1. The Secretary to Government, The State of Tamil Nadu Revenue Department, Secretariate, Chennai - 9.
2. The Special Commissioner and Commissioner for Urban Land Ceiling and Urban Land Tax, O/o the Commissionerate of Urban Land Tax, Chepauk, Chennai - 5.
3. The Assistant Commissioner, Urban Land Taxes, Thandayar Pettai Division, No.409, EVR Periyar High Road, 2nd Floor, Aminjikarai, Chennai - 29.
+1cc to Mr.G.Elanchehiyan, Advocate, S.R.No.81176 +1cc to the Government Pleader, S.R.No.81366 W.P.No.28700 of 2018 SS(CO) GSP(19/12/2018)