Madras High Court
K.Ramesh vs State Rep By on 4 December, 2024
Author: P.T. Asha
Bench: P.T. Asha
W.P.No.36015 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No.36015 of 2024
K.Ramesh ... Petitioner
Vs.
1.State Rep By
The Secretary To Government,
Revenue And Disaster Management Department,
ULC (1(2)Wing, Secretariat, Chennai -600 009.
2.The Special Commissioner And Commissioner,
(Urban Land Ceiling And Urban Land Tax),
Commissionerate Of Urban Land Ceiling
And Urban Land Tax,
Chepauk,Chennai-600 005.
3.The Assistant Commissioner,
(Land Reforms And Urban Land Tax),
O/O. The Assistant Commissioner(Land Reforms And ULT),
Coimbatore District Collector Office,
State Bank Road, Gopalapuram, Coimbatore -641 018.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of Mandamus, Directing the
Respondents 1, 2 and 3 to consider the the undated
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W.P.No.36015 of 2024
representation/requisition from given by the Petitioner and subsequent
representations dated 30.09.2016 and 20.05.2022 to the Respondents
for regularization of the land situated in Coimbatore Registration
District, Singanallur Sub-Registration District, Uppilipalayam Village
Survey No. 295/1A2, 296 for extent of 919 Sq.feet in site No. 19 in
Thulasiyammal Layout-2 under Innocent Buyer Category as per the
G.O.Ms.No. 565 dated 26.09.2008 in the interest of justice.
For Petitioner : M/s.R.Amardeep
for M/s.Tamizh Law Firm
For Respondents : M/s.R.P.Murugan Raja,
Govt. Advocate
for R.1 to R.3
ORDER
Seeking the extension of the benefit of GO.Ms.No.565 Revenue Department dated 26.09.2008, the petitioner is before this Court.
2. The petitioner's father had settled the subject property in favour of the petitioner measuring an extent of 919 sq.ft. of land along with a house under a registered Settlement Deed dated 14.06.2000. Since then, the petitioner has been in possession and enjoyment of the subject property.
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3. Since the petitioner has been in possession of this unapproved lay out from the year 2000, a request was made to pass orders on the representations dated 30.09.2016 and 20.05.2022 to the respondents for regularization of the subject property under Innocent Buyer Category as per the provisions of G.O.Ms.No.565 dated 26.09.2008. However, the same has not been considered to date. Therefore, the petitioner is before this Court.
4. Heard the learned counsels on either side.
5. Considering the limited request and also considering the fact that the petitioner's representations dated 30.09.2016 and 20.05.2022 have not been considered to date, the Writ Petition is allowed and a mandamus is issued to respondents to consider the petitioner’s representations dated 30.09.2016 and 20.05.2022 in the light of the provisions of GO.Ms.No.565 Revenue Department dated 26.09.2008 to regularise and approve the layout of the petitioner's land which is the subject matter of the Writ Petition within a period of 2 weeks from 3/5 https://www.mhc.tn.gov.in/judis W.P.No.36015 of 2024 the date of receipt of a copy of this Court. No costs.
04.12.2024
(shr)
Index : Yes/No
Speaking Order: Yes/No
Neutral Citation : Yes/No
To
1.The Secretary to Government,
Revenue And Disaster Management Department, ULC (1(2)Wing, Secretariat, Chennai -600 009.
2.The Special Commissioner And Commissioner, (Urban Land Ceiling And Urban Land Tax), Commissionerate Of Urban Land Ceiling And Urban Land Tax, Chepauk,Chennai-600 005.
3.The Assistant Commissioner, (Land Reforms And Urban Land Tax), O/O. The Assistant Commissioner(Land Reforms And ULT), Coimbatore District Collector Office, State Bank Road, Gopalapuram, Coimbatore -641 018.
P.T. ASHA. J., (shr) 4/5 https://www.mhc.tn.gov.in/judis W.P.No.36015 of 2024 W.P.No.36015 of 2024 04.12.2024 5/5 https://www.mhc.tn.gov.in/judis