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Madras High CourtWP(MD)/5247/2018disposed of

S.Sundaramoorthy, v. The Government Of Tamilnadu,

2020-09-23Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.5247 of 2018 S. Sundaramoorthy ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Revenue Department, Secretariat, Fort Saint George, Chennai.

2. The Special Commissioner and Commissioner of Urban Land Ceiling and Land Tax, Board of Revenue, Ezhilagam, Cheppakkam, Chennai - 600 005.

3. The Assistant Commissioner, O/o. the Urban Land Ceiling and Taxes, K.K. Nagar, Madurai - 625 020.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to regularize the petitioners housing plot No.8 at Senthamizh 2nd street, Parasakthi Nagar, Avaniapuram, situated in Re-survey No.112/4A9, Avaniapuram Village, Madurai South Taluk, Madurai District by applying GO MS No.565 (Urban Land Ceiling and Regularization Act, 1978) dated 26.09.2008 based on the petitioner's representation, dated 04.01.2018 within the period stipulated by this Court.

For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.C.Ramesh, Special Government Pleader

ORDER

This writ petition is filed seeking for a direction to direct the respondents to regularize the petitioner's housing plot No.8 at Senthamizh 2nd street, Parasakthi Nagar, Avaniapuram, situated in Re-survey No.112/4A9, Avaniapuram Village, Madurai South Taluk, Madurai District by applying GO MS No.565 (Urban Land Ceiling and Regularization Act, 1978), dated 26.09.2008 based on the petitioner's representation, dated 04.01.2018, within the 1/3

stipulated time that may be fixed by this Court.

2. The learned counsel appearing for the petitioner submitted that the petitioner is liable in the G.O.Ms. No.565(Urban Land Ceiling and Regularization Act, 1978) to regularize his purchase. Therefore, the petitioner made an application to regularize his purchase before the respondent Nos.2 & 3. Sofar no action has been taken, the petitioner filed this present writ petition.

3. The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's representation would be considered on merits and in accordance with law. 4.Considering the scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the petitioner's case, directs the 2nd respondent to consider the petitioner's representation dated 04.01.2018 on merits and in accordance with law and pass appropriate orders, within a period of 12 weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner and the interested parties, if any. 5.This Writ Petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa 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 Department, Secretariat, Fort Saint George, Chennai.

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2. The Special Commissioner and Commissioner of Urban Land Ceiling and Land Tax, Board of Revenue, Ezhilagam, Cheppakkam, Chennai - 600 005.

3. The Assistant Commissioner, O/o. the Urban Land Ceiling and Taxes, K.K. Nagar, Madurai - 625 020.

W.P.(MD) No.5247 of 2018 23.09.2020 PM(CO) TR(05.10.2020) 3P 4C 3/3