Petitioner filed writ under Article 226 seeking quashing of an order and forbearance of possession under Tamil Nadu Urban Land Ceiling Act. Respondent clarified via affidavit that all actions under the Act abated per Govt. Order, leading the court to dispose of the petition.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2019
CORAM:
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
and M.P.No.1 of 2011
M/s.Kanipaga Vinayaga Industries,
Rep. by its Managing Partner V.Rajendran No.1/923, 10th Street,
Jothi Nagar, Padiyanallur,
Chennai - 600 052. ... Petitioner
Vs.
The Assistant Commissioner(Urban Land Tax) Madavaram Zone, Chennai - 600 009. ... Respondent
PRAYER : Petition filed under Article 226 of the
Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the proceedings made in Na.Ka.No.2878/92/A dated 05.08.2005 passed by the respondent and quash the same and forbear the respondent from initiating any action or taking possession of the property in pursuant to the impugned order.
This Writ Petition has been filed for a writ of Certiorarified and Mandamus, calling for the records relating to the proceedings made in Na.Ka.No.2878/92/A dated 05.08.2005 passed by the respondent and quash the same and forbear the respondent from initiating any action or taking possession of the property in pursuant to the impugned order.
2.When the matter came up for hearing today, the respondent filed an additional affidavit dated 07.03.2019 through Mr.M.Marimuthupandian, Assistant Commissioner(ULT) stating that the Government had issued G.O.Ms.No.111, Revenue ULC II(1) department dated 03.03.2007 to the effect that all actions taken under sub Section (2) of Section 21 of the Tamil Nadu Urban land (Ceiling and Regulation) Act 1978 shall abate and further actions has been dropped. It is further stated in the additional affidavit that the Government in its letter No.392 Revenue Department dated 24.07.2007 has given clarification in respect of the above mentioned G.O.Ms.No.111 Revenue Department to the effect that further action would be dropped in respect of the cases wherein urban land owners filed Writ Petitions against the order of withdrawal of exemption.
3.In view of the categorical clarification by the respondent that no further proceedings shall be taken against the petitioner and in view of the fact that all actions taken under sub Section (2) of Section 21 of the Tamil Nadu Urban Land (Ceiling and Regulation) Act 1978 shall abate and further action has been dropped, the Writ Petition is disposed of by recording the statement made in the said additional affidavit.
4.In the result, the Writ Petition is disposed of. No costs. Consequently, connected M.P. is closed. Sd/Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar rrg To The Assistant Commissioner(Urban Land Tax) Madavaram Zone, Chennai - 600 009. +1 cc to Mr.G.Ethirajulu, Advocate, S.R.No.22441 +1 cc to the Government Pleader, S.R.No.22048 W.P.No.23119 of 2006 SSD(CO) SSM(03/04/2019).
1 issue framed by the court
Whether the Writ Petition seeking quashing of an order under the Tamil Nadu Urban Land Ceiling Act should be disposed of in light of a Government clarification abating all actions under Section 21.
3 provisions across 3 enactments
M/s. Kanipaga Vinayaga Industries
The Assistant Commissioner(Urban Land Tax) Madavaram Zone
Senthilkumar Ramamoorthy
As recorded by the court registry
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