Madras High Court
R.Vinodkumar vs The Secretary To Government on 16 July, 2012
Author: R.Sudhakar
Bench: R.Sudhakar
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 16.7.2012 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.15187 of 2012 R.Vinodkumar. ... Petitioner -Vs.- 1.The Secretary to Government, Revenue Department, Secretariat, Chennai. 2.The Principal Commissioner and Commissioner of Land Reforms, Chepauk-15. 3.The Assistant Commissioner, Urban Land Tax, Poonamallee-56. 4.The V.A.O., (Village Administrative Officer), Maduravoyal Village, Ambattur Region, Maduravoyal. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to dispose of the Petitioner's application dated 2.3.2010 and direct the third respondent to regularise the Petitioner's plot under innocent Buyers category pursuant to G.O.Ms.No.565 ULC/Rev Department dated 26.09.2008. (The prayer in this writ petition was amended as per order dated 16.7.2012 passed in M.P.No.1 of 2012). For petitioner : Mr.R.Karthikayean For respondents : Ms.V.M.Velumani, Special Government Pleader. ----- O R D E R
This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondent to dispose of the Petitioner's application dated 2.3.2010 and direct the third respondent to regularise the Petitioner's plot under innocent Buyers category pursuant to G.O.Ms.No.565 ULC/Rev Department dated 26.09.2008.
2. Ms.V.M.Velumani, learned Special Government Pleader takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal.
3. Admittedly, the land in question belongs to the Government taken over under the provisions of the Land Ceiling Act as excess land. Petitioner claims to be subsequent purchaser and sought the benefit of G.O.Ms.649 Revenue Department dated 29.6.1998 and G.O.Ms.No.565 Revenue Department dated 29.6.2008 by application dated 2.3.2010. The present writ petition has been filed to direct the first respondent to consider the said application.
4. Third respondent for himself and on behalf of the respondents 1 and 2 filed a counter-affidavit stating that enquiry was conducted based on the application. However, no order appears to have been passed. In such view of the matter, the third respondent is directed to forward all the papers to the first respondent and the first respondent is directed to consider the said application on its own merits and in accordance with law taking into consideration the objection raised by the third respondent with regard to user of the land consequent to taking over by the Government. The third respondent Assistant Commissioner has stated in the counter-affidavit that the request of the petitioner cannot be considered for the reasons stated in the counter-affidavit. Paras 4 and 5 reads as follows:-
4.....Form 17 under rule 11(5) return of lands acquired under the Tamilnadu Urban Land (Ceiling and Regulation) Act 1978 to the Registration department was issued on 26.5.92. The possession of the said land to an extent of 4300 sq. mts., in 269/4B and 1500 Sq.mets., in 422/2 totalling 5,800 Sq.mts., was taken over by the revenue authorities namely Firka Revenue Inspector, Maduravoyal Firka on 19.8.1992. Orders under section 12(6) of the Act for the amount payable was passed by the third respondent on 7.10.1992. It was informed and served to the urban land owner by affixture. Necessary changes were carried out in the Taluk records. The Government have allotted 800 Sq.mts., of land to Helpage India and 1,500 Sq.mts., of land in S.No.269/4B(pt) of Maduravoyal village to Tamilnadu State Federation of the Deaf and Dumb Children vide G.O.Ms.No.251/Revenue Department dated 24.3.1994 subject to the conditions specified therein. As the land value fixed by the Government letter No.36156/T3/94-1, dated 6.6.1994, the allottee M/s.Helpage India had remitted the land value of Rs.2,400/- on 11.7.1994 and M/s.Tamilnadu State Federation of the Deaf and Dumb Children had remitted the land value of Rs.4,500/- on 06.09.1994. Thereafter, the Tahsildar, Ambattur had handed over the possession of the land to the said allottee on 23.07.1996 and 17.7.1996 respectively. In view of the above position, the rights over the above lands in question rests with the above allottees with effect from the date of handing over the possession by the Tahsildar, Ambattur and not with the Government.
5.It is submitted that some of the purchasers of the said lands Tvl.V.Hazarathia Naidu and four others jointly filed Writ Petition No.10907 of 1996 against interfering with the petitioners peaceful possession and enjoyment of the lands in S.No.269/4 for the acquired land with prayer to quash the entire proceedings thereon. One Tmt.R.Vasanthi also filed another writ petition No.11180 of 1996 against the 9(5) orders dated 28.2.90 passed by the 3rd respondent with prayer to quash the entire proceedings thereon. The Hon'ble High Court dismissed both the writ petitions by a common order dated 4.4.1997 that the transactions made on the said acquired land hits section 6 of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 and was null and void. Aggrieved by the above order, Tvl.V.Hazarathiah naidu and four others filed Writ Appeal No.485 of 1997. In the meanwhile, the urban land owner Tvl.Thiagaraja Thambiran filed an appeal under section 33 of the Act on 13.10.1997 to the second respondent against the publication of notification in the Government Gazette, dated 20.2.1991 issued under Section 11(3) of the Act. It was dismissed by the 2nd respondent in Proc.No.27476/97 (J1), dated 02.06.1999 as time-barred. Further, the Hon'ble Division Bench of this Hon'ble Court dismissed the writ appeal No.485 of 1997 filed by Tvl.V.Hazarathiah and four others in its order dated 23.11.2004. Again, the urban land owner filed Writ Petition No.7124 of 1997 against the final notice dated 26.3.1991 under section 11(5) of the Act issued by the 3rd respondent with prayer to quash the entire proceedings thereon and this Hon'ble Court dismissed the above writ petition on 9.4.2001.
5. However, the decision on this issue has to be taken by the first respondent. Therefore, the first respondent is directed to dispose of the said claim taking note of the objection of the third respondent Assistant Commissioner (Headquarters), Urban Land Ceiling & Urban Land Tax. It is made clear that this court has not expressed any opinion on the merits of the petitioner's claim. The Government shall decide the issue based on the records and the various objection raised by the third respondent in the counter-affidavit as expeditiously, as possible. The petitioner, who seeks liberty for personal hearing, can seek the same before the Government along with a copy of this order. Petitioner is entitled to seek the opportunity of personal hearing and the same shall be considered as and when made.
6. The Writ Petition is disposed of as above. No costs.
Index: No 16.7.2012
Internet: Yes
ts
To
1.The Secretary to Government,
Revenue Department,
Secretariat,
Chennai.
2.The Principal Commissioner and
Commissioner of Land Reforms,
Chepauk-15.
3.The Assistant Commissioner,
Urban Land Tax,
Poonamallee-56.
4.The V.A.O.,
(Village Administrative Officer),
Maduravoyal Village,
Ambattur Region,
Maduravoyal.
R.SUDHAKAR,J.
ts.
Order in
W.P.No.15187 of 2012
Date 16.7.2012