K.C.Ananthammal v. The Principal Secretary To Govt
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2024 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.1044 of 2019 and W.M.P.No.1173 of 2019 K.C.Ananthammal ... Petitioner Vs.
1.The Principal Secretary to Government, Department of Revenue and Disaster Management, State of Tamil Nadu, Chennai - 600 009.
2.The Principal Commissioner and Commissioner of Land Reforms, "Ezhilagam", Chepauk, Chennai - 600 005.
3.Assistant Commissioner of Urban Land and Competent Authority of Urban Land Ceiling, Alandur Area, E-153, Karuneegar Street, Adambakkam, Chennai - 600 088.
4.The Tahsildar, Tambaram Taluk, Tambaram, Chennai - 600 045.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, Page No.1 of 7
praying for issuance of Writ of Mandamus directing the respondents to make necessary changes in the Revenue Records in the name of the petitioner with respect to the land comprised in S.No.14/1B over an extent of 3050 Square Meters in Perumbakkam Village, Sholinganallur Taluk. For Petitioner :
Mr.Muthappan For Respondents 1 to 4 :
Mr.R.L.Karthika, Government Advocate
O R D E R
The petitioner has filed this petition seeking direction to the respondents to make necessary charges in the Revenue Records in the name of the petitioner with respect to the land comprised in S.No.14/1B over an extent of 3050 Square Meters in Perumbakkam Village, Sholinganallur Taluk.
2. The case of the petitioner is that the petitioner has purchased the land in the year 1985 and also obtained lay out approval from the Competent Authority even prior to the Urban Land Ceiling Act came into force. This being so, the Government has declared the petitioner's land as excess land and issued a notification to this effect. As per the provisions of Urban Land Ceiling Act, 1978 as well as the provisions of Repeal Act 20/99, the petitioner Page No.2 of 7
is entitled to protection of the land. Challenging the said notification, the petitioner has filed a writ petition in W.P.No.19799 of 2003 before this Court and the same was allowed on 17.09.2009, against which, the Government has preferred an appeal and the same was also dismissed by this Court by its order dated 23.07.2012. Aggrieved by the said order, the Government has preferred Special Leave Petition (S.L.P) before the Hon'ble Supreme Court of India and the same was also dismissed on the ground of delay. 2.1. At the time of initiation of Urban Land Ceiling Proceedings, the revenue record has been changed with respect to the petitioner's land as Government Land. Hence, the petitioner has made a representation dated 23.04.2018 before the respondents to make necessary changes in the revenue records. But, till date, there is no response from the respondent. Aggrieved over the same, the petitioner has come forward with the present writ petition.
3. Learned Government Advocate appearing for the respondents would submit that necessary changes have been made in the revenue records and the same has been uploaded in the official website. Hence, the petitioner shall submit his application through online for obtaining patta. Page No.3 of 7
4. Learned counsel for the petitioner submitted that he has already submitted his online application on 28.06.2024 and in order to substantiate/prove the same, he has also produced a copy of the receipt, before this Court.
5. Heard the learned counsel on either side and perused the materials available on record.
6. In view of the above submission made by the learned counsel on either side, this Court directs the fourth respondent/Tahsildar to issue patta to the petitioner, within a period of one week from the date of receipt of a copy of this order.
7. This Writ Petition is disposed of with the aforesaid observation and direction. No costs. Consequently, connected miscellaneous petition is also closed.
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Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Principal Secretary to Government, Department of Revenue and Disaster Management, Chennai - 600 009.
2.The Principal Commissioner and Commissioner of Land Reforms, "Ezhilagam", Chepauk, Chennai - 600 005.
3.Assistant Commissioner of Urban Land and Competent Authority of Urban Land Ceiling, Alandur Area, E-153, Karuneegar Street, Adambakkam, Chennai - 600 088.
4.The Tahsildar, Tambaram Taluk, Tambaram, Chennai - 600 045.
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J.SATHYA NARAYANA PRASAD,J.
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