Madras High Court
T.Rathinavelu vs The Special Commissioner & ... on 21 March, 2022
Author: M.Dhandapani
Bench: M. Dhandapani
W.P. No.6352 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :21.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P. No.6352 of 2022
T.Rathinavelu ... Petitioner
Vs.
1.The Special Commissioner & Commissioner,
(Urban Land Ceiling and Urban Land Tax),
Commissionerate of Urban Land Ceiling and Urban land Tax,
Chepauk,
Chennai-600 005.
2.The Assistant Commissioner,
(Land Reforms & Urban Land Tax),
O/o. The Assistant Commissioner,
(Land Reforms & ULT),
Ambattur Zone,
No.5, Sannathi Theru,
Poonamallee(E),
Chennai-600 056. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the respondents to consider the
petitioner's representations dated 10.06.2015 and 22.06.2015 and remainder
representation dated 04.11.2020 in seeking the relief of regularization of the
petitioner's purchase of house site bearing Plot No.363, Sheela Cottage, Sri
Lakshmi Amman Nagar of Puthagaram Village, comprised in Survey
No.20/5 and sub-divided Survey No.20/30 and to direct the respondents to
fix the cost of the said Plot No.363, measuring an extent of 1800 Square Feet
to be paid by the petitioner in getting the regularization.
https://www.mhc.tn.gov.in/judis
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W.P. No.6352 of 2022
For Petitioner : Mr.L.N.Praghasham
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representations dated 10.06.2015 and 22.06.2015 and remainder representation dated 04.11.2020 in seeking the relief of regularization of the petitioner's purchase of house site bearing Plot No.363, Sheela Cottage, Sri Lakshmi Amman Nagar of Puthagaram Village, comprised in Survey No.20/5 and sub-divided Survey No.20/30 and to direct the respondents to fix the cost of the said Plot No.363, measuring an extent of 1800 Square Feet to be paid by the petitioner in getting the regularization.
2. The learned Special Government Pleader takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.
https://www.mhc.tn.gov.in/judis 2/6 W.P. No.6352 of 2022
3. The case of the petitioner is that the petitioner purchased a Plot in lay out in PPD No.140/1991, dated 26.04.1991 and the said house site lay out had been named as 'Sri Lakshmi Amman Nagar', and said Plot is numbered as Plot No.365, in the year 1991. Thereafter, the petitioner came to know that the government had issued various Government Orders in G.O.Ms.No.649, dated 29.07.1998 and G.O.Ms.No.565, dated 26.09.2008 to regularize the unapproved layout from the period 03.08.1976. Thereafter, petitioner made a representations to the 2nd respondent on 10.06.2015 and 22.06.2015 to regularize the land under the Innocent Purchasers Scheme in G.O.Ms.No.565, dated 30.09.2008. However, till date no orders have been passed. Hence, this Writ petition is filed with the aforesaid prayer.
4. The learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the 2nd respondent to consider the petitioner's representations dated 10.06.2015 and 22.06.2015, and pass orders within a reasonable time that may be fixed by this Court.
5. The learned Special Government Pleader appearing on behalf of the official respondents submitted that the petitioner's representations dated https://www.mhc.tn.gov.in/judis 3/6 W.P. No.6352 of 2022 10.06.2015 and 22.06.2015 will be considered by the respondents within a reasonable time that may be fixed by this Court.
6. This Court, without going into the merits of the case, directed the 2nd respondent to consider the petitioner's representations dated 10.06.2015 and 22.06.2015, pass orders on merits and in accordance with law, after affording an opportunity of hearing to the aggrieved parties if any, within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
21.03.2022
Index : Yes / No
Internet : Yes / No
Speaking order / Nonspeaking order
Psa
To
1.The Special Commissioner & Commissioner, https://www.mhc.tn.gov.in/judis 4/6 W.P. No.6352 of 2022 (Urban Land Ceiling and Urban Land Tax), Commissionerate of Urban Land Ceiling and Urban land Tax, Chepauk, Chennai-600 005.
2.The Assistant Commissioner, (Land Reforms & Urban Land Tax), O/o. The Assistant Commissioner, (Land Reforms & ULT), Ambattur Zone, No.5, Sannathi Theru, Poonamallee(E), Chennai-600 056.
M.DHANDAPANI, J.
https://www.mhc.tn.gov.in/judis Psa 5/6 W.P. No.6352 of 2022 W.P. No.6352 of 2022 21.03.2022 https://www.mhc.tn.gov.in/judis 6/6