← Library
Madras High CourtWP(MD)/18772/2023disposed of

Rajeshkumar.A v. The Assistant Commissioner

2026-01-08Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08/01/2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY A.Rajeshkumar ... Petitioner Vs 1.The Assistant Commissioner, Urban Land Ceiling and Urban Land Tax Office, K.K.Nagar, Madurai.

2.The Tahsildar, Palayamkottai Taluk, Tirunelveli-2.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first Respondent to give No Objection Certificate to grant patta for the properties in Tirunelveli District, Palayamkottai taluk, Melapalayam village, Tirunelveli City Municipal Corporation, Ward AR, Block No.19 Ayan Punja Lands comprised in S.No.30/1 and 2, T.S.No.1/1, to an extent of Acre 1 cent 10, S.No.32/1 and 2, T.S.No.1/5, to an extent of 1/6

Acre 1 cents 21, S.No.31/1 and 2, T.S.No.1/4, to an extent of 80 cents, and S.No.37/1, T.S.No.1/3, to an extent of 25 cents to the petitioner's principles based on his representation dated 22.02.2023. For Petitioner : Mr.T.Selvan, Advocate.

For Respondents : Mr.S.Jeyapriya Government Advocate

ORDER

This Writ Petition is filed seeking a direction to the first respondent to give a No Objection Certificate for grant of patta in respect of the properties situated in Tirunelveli District, Palayamkottai Taluk, Melapalayam village, Tirunelveli City Municipal Corporation, Ward-AR, Block No.19 Ayan Punja Lands comprised in S.No.30/1 and 2, T.S.No. 1/1, to an extent of 1 Acre 10 cent, S.No.32/1 and 2, T.S.No.1/5, to an extent of 1 Acre 21 cents, S.No.31/1 and 2, T.S.No.1/4, to an extent of 80 cents, and S.No.37/1, T.S.No.1/3, to an extent of 25 cents, in favour of the petitioner's principles based on the representation dated 22.02.2023. 2/6

2.The learned counsel appearing for the petitioner submitted that subject properties originally belonged to one Pichaikonar. The said properties were partitioned in the year 1980 itself vide registered partition deed bearing Document No.1812/1980. One Chellammal, who was a party to the partition deed, passed away on 31.12.2014. The share allotted to the said Chellammal devolved upon the petitioner's principals and another son, namely, Nithiayantha Kumar. The petitioner's principals, in the month of December 2022, made arrangements to settle the properties to their legal heirs and at that time, came to know that proceedings had been initiated under the Tamil Nadu Urban Land (Ceiling Regulations) Act, 1978.

Though the partition was effected through a registered partition deed, the proceedings initiated only against the petitioner's principals, namely Chellammal. Hence, the petitioner made a detailed representation on 22.02.2023 along with all relevant documents seeking issuance of a No Objection Certificate for grant of patta in favour of the petitioner's principles. Since the same has not been considered till date, the petitioner has approached this Court.

3.The learned Government Advocate appearing for the respondents, after getting instructions, would submit that the representation of the petitioner dated 22.02.2023 would be considered in accordance with law.

4.Considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider and pass orders on the representation of the petitioner dated 22.02.2023, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

08.01.2026 Index : Yes/No Internet: Yes/No cp 4/6

TO 1.The Assistant Commissioner, Urban Land Ceiling and Urban Land Tax Office, K.K.Nagar, Madurai.

2.The Tahsildar, Palayamkottai Taluk, Tirunelveli-2.

5/6

KRISHNAN RAMASAMY,J cp

ORDER

IN WP(MD) No.18772 of 2023 Date : 08/01/2026 6/6