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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

                   1/5
https://www.mhc.tn.gov.in/judis
                                                                          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.

2/5 https://www.mhc.tn.gov.in/judis W.P.No.36015 of 2024

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