A.Jeyaraj v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)Nos.10354 & 10356 of 2020 A.Jeyaraj ... Petitioner in W.P.(MD) No.10354 of 2020 G.Sahaya Gnanasekar ... Petitioner in W.P.(MD) No.10356 of 2020 Vs.

1.State of Tamilnadu Represented through Secretary Revenue Department, Fort St.George Chennai.

2.The Principal Commissioner and Commissioner of Land Reforms Ezhilagam Chepauk, Chennai.

3.The Assistant Commissioner Urban Land Tax and Competent Authority of Urban Land Ceiling, Madurai.

4.The District Revenue Officer, Office of the District Collectorate, Tirunelveli, Tirunelveli District.

5.The Tahsildar, Palayamkottai Taluk Tirunelveli District.

... Respondents PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 4th respondent to issue patta for the petitioners' property in Plot Nos.1 to 7 comprised in S.Nos.469/1 and 469/2 measuring 40.57 cents in Keelaveeraraghavapuram Village, Palayamkottai Taluk, Tirunelveli District within a time frame to be fixed by this Court. For Petitioner : Mr.T.S.R.Venkatramana For Respondents : Mr.P.Kannithevan Additional Government Pleader 1/3

COMMON ORDER The writ petitions have been filed for a direction to the fourth respondent to issue patta for the petitioners' property in Plot Nos.1 to 7 comprised in S.Nos.469/1 and 469/2 measuring 40.57 cents in Keelaveeraraghavapuram Village, Palayamkottai Taluk, Tirunelveli District within a time frame to be fixed by this Court. 2.It is the case of the petitioners that from the date of purchase, the petitioners are in peaceful possession and enjoyment of the land in S.Nos.469/1 and 469/2. The land originally belongs to one Basheer Ahamed. However, when the lands were attempted to acquire by the Government, he filed W.P.(MD) No.11637/2005 and this Court held that the petitioner therein is not hit by the virus of the Urban Land Ceiling. Aggrieved by the said order, the authorities preferred W.A.(MD) No.

487/2019 and this Court dismissed the said appeal by judgment dated 19.07.2019. The said lands were purchased through a valid sale deed by the petitioners herein. Hence, the petitioners are entitled for patta for the above said lands. When the petitioners approached the fourth respondent for transfer of patta by removing the name of the State. However, since the said requests have not been considered, the petitioners are before this Court with these writ petitions.

3.Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents. 4.It is represented that the petitioners have purchased the property for valuable consideration vide sale deed dated 21.08.1995. According to them, even after the orders of this Court, no steps have been taken by the official respondents. Hence, the fourth respondent is directed to pass appropriate orders with regard to the property in question within a period of three months from the date of receipt of a copy of this order.

5.With the above direction, the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1.The Secretary State of Tamilnadu Revenue Department, Fort St.George, Chennai.

2.The Principal Commissioner and Commissioner of Land Reforms Ezhilagam, Chepauk, Chennai.

3.The Assistant Commissioner Urban Land Tax and Competent Authority of Urban Land Ceiling, Madurai.

4.The District Revenue Officer, Office of the District Collectorate, Tirunelveli, Tirunelveli District.

5.The Tahsildar, Palayamkottai Taluk Tirunelveli District.

+2 CC to Mr.T.S.R.Venkatramana ,Advocate,in SR.No.24572 & 24573. Orders made in W.P.(MD)Nos.10354 & 10356 of 2020 Dated:

08.12.2020 (SGS)CO AP(06/01/2021) 3P 8C 3/3