R. Girija v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18200 of 2020 and W.M.P.(MD) No.15182/2020 R.Girija ... Petitioner -Vs1.
The Principal Secretary Revenue and Disaster Management, State of Tamilnadu Namakkal Kavignar Maligai Chennai - 9.
2.
The Principal Secretary / the Commissioner Urban Land Ceiling and Urban Land Tax Department State of Tamilnadu Chepakkam, Chennai.
3.
The District Registrar (Administration) Office of the District Registrar, No.171 Aranmanai Street, Madurai South,Madurai District.
The Assistant Commissioner Office of the Assistant Commissioner Urban Land Ceiling and Urban Land Tax Department K.K.Nagar, Madurai District.
The Tahsildar, Thirupparankundram Taluk Office, Thirupparankundram Taluk Thanakkankulam, Madurai ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, to direct the respondents 1 to 4 to regularize the petitioner's housing land measuring to an extent of 1251 sq. ft. situated in Re survey number No.204/B4 of Madakulam Village, Thirupparankundram Taluk, Madurai District in accordance with G.O.Ms.No.565 dated 26.09.2008, Revenue (NA.NI.OO) (1) Department, by considering the representations submitted by the petitioner dated 04.11.2017 taken on file in Na.Ka.No.A1/193/2018 by the 4th respondent herein within the time stipulated by this Court. For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.K.P.Krishnadoss Special Government Pleader 1/3
ORDER
The writ petition has been filed for a direction to the respondents 1 to 4 to regularize the petitioner's housing land measuring to an extent of 1251 sq. ft. situated in Re survey number No.204/B4 of Madakulam Village, Thirupparankundram Taluk, Madurai District in accordance with G.O.Ms.No.565 dated 26.09.2008, Revenue (NA.NI.OO) (1) Department, dated 26.09.2008 by considering the representations submitted by the petitioner dated 04.11.2017 taken on file in Na.Ka.no.A1/193/2018 by the 4th respondent herein within the time stipulated by this Court.
2.Heard the learned counsel for the petitioner and the learned Special Government Pleader, who takes notice on behalf of the respondents. By consent, the writ petition itself is taken up for final disposal.
3.The petitioner's case is that the land in Plot No.4 in S.No.204/B4 measuring 1215 sq. ft. has been purchased by the petitioner's husband and they are in possession and enjoyment of the said land. While so, the petitioner came to know that the land in question has been declared as excess land under the Land Ceiling Act. Without knowing the same, the petitioner's husband purchased the same. Subsequently, the Government issued G.O.Ms.No.565 Revenue (NA.NI.OO) (1) Department dated 26.09.2008 in order to regularize those landa purchased by innocent purchasers like the petitioner herein. Seeking such regularization, the petitioner sent an application to the respondents as early as on 04.11.2017. Since no action has been taken on the said application, the petitioner is before this Court with this writ petition.
4.When the writ petition has taken up for hearing, the learned Special Government Pleader submitted that the petitioner has appeared before the fourth respondent and made their submissions and the fourth respondent has also forwarded the entire files to the second respondent, who, in turn, on 18.07.2018 has directed the fourth respondent to submit the details with regard to the petitioner's application. Hence, he would submit that the second respondent is the competent authority to take a decision on the issue in question.
5. In view of the said submission, the second respondent is expected to take a decision on the application of the petitioner within a period of 60 days from the date of receipt of a copy of this order. While doing so, the respondents shall also consider the applicability of G.O.Ms.No.565. Depending upon the outcome, the first respondent shall issue necessary G.O. in this regard. 2/3
6.The writ petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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 Principal Secretary Revenue and Disaster Management, State of Tamilnadu Namakkal Kavignar Maligai Chennai - 9.
2.
The Principal Secretary / the Commissioner Urban Land Ceiling and Urban Land Tax Department State of Tamilnadu Chepakkam, Chennai.
3.
The District Registrar (Administration) Office of the District Registrar, No.171 Aranmanai Street, Madurai South,Madurai District.
The Assistant Commissioner Office of the Assistant Commissioner Urban Land Ceiling and Urban Land Tax Department K.K.Nagar, Madurai District.
The Tahsildar, Thirupparankundram Taluk Office, Thirupparankundram Taluk Thanakkankulam, Madurai +1CC to M/s.SPL GP,SR.No.25425 dated 14/12/2020 W.P.(MD)No.18200 of 2020 11.12.2020 TP(CO) KB(11.01.2021) 3P 7C 3/3