Prema M v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Prema ...
Petitioner Vs 1 The State of Tamil Nadu, Represented by its Secretary to Government, Revenue and Disaster Management Department ULC, 1(2) Wing Secretariat, Fort George, Chennai.
2 The Special Commissioner, Commissionerate For Urban Land Ceiling & Urban Land Tax, Chepauk, Chennai.
3 The Assistant Commissioner of Urban Land Ceiling and Urban Land Tax, Madurai District.
4 The District Revenue Officer, Madurai District, Madurai.
5 The Tahsildar, Taluk Office, Madurai North, Madurai District.
...
Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to exempt the house property in Door No.150, Kannappar Street, Mullai Nagar, Meenambapuram Post, Madurai, from the purview of the Land Ceiling Act in the light of G.O.Ms.No.649, Revenue, dated 29.07.1998, as an innocent purchaser, based on petitioner's representation, dated 02.06.2022. For Petitioner :
Mr.S.Kishore Kumar For Respondents : Mrs.S.Jeya Priya, Govt. Advocate.
ORDER
The Writ Petition is filed, seeking a direction to the respondents to exempt the house property of the petitioner with Door No.150, Kannappar Street, Mullai Nagar, Meenambapuram Post, Madurai, from the purview of the Land Ceiling Act in the light of G.O.Ms.No.649, Revenue, dated 29.07.1998, as an innocent purchaser, based on petitioner's representation, dated 02.06.2022.
2. It is the case of the petitioner that she purchased 1394 sq.ft. of plot in Mullai Nagar, B.B.Kulam Village, Madurai North Taluk, Madurai, under
a registered sale deed, dated 20.09.1993. It is also stated that subsequent to the said purchase, she put up a building thereon, which was assigned Door No.150. Later, the petitioner acquired knowledge that the subject property was declared as surplus land under the provisions of the Tamil Nadu Urban Land Ceiling Act. Hence, the petitioner submitted a representation before the second respondent on 02.06.2022, seeking regularisation of the plot purchased by her and exemption from the application of the Tamil Nadu Urban Land Ceiling Act, on the ground that she was an innocent purchaser. The same has not been considered. Hence, she has come before this Court.
3. The learned Government Advocate, who takes notice for the respondents, would submit that based on the representation submitted by the petitioner, dated 02.06.2022, the second respondent called for a report from the third respondent and the same was also already submitted by the third respondent before the second respondent in his proceedings in Na.Ka.No.A1/844/2022, dated 25.06.2024.
4. In view of the above, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the representation of the petitioner, dated 02.06.2022, in the light of the report submitted by the third respondent and pass final orders on its own merits within a period of twelve weeks from the date of receipt of copy of this order.
5. Accordingly, the Writ Petition is disposed of. No costs. 26.06.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No dixit To:
1 The State of Tamil Nadu, Represented by its Secretary to Government, Revenue and Disaster Management Department ULC, 1(2) Wing Secretariat, Fort George, Chennai.
2 The Special Commissioner, Commissionerate For Urban Land Ceiling & Urban Land Tax, Chepauk, Chennai.
3 The Assistant Commissioner of Urban Land Ceiling and Urban Land Tax, Madurai District.
4 The District Revenue Officer, Madurai District, Madurai.
5 The Tahsildar, Taluk Office, Madurai North, Madurai District.
S.SOUNTHAR, J.
dixit 26.06.2025