Disposed

S.Rajendran v. The State of Tamil Nadu

Madras HC29 Jun 2021WP/5807/2021

Case brief

AI extract

What is this about?

Writ petition filed seeking mandamus to direct the third respondent to comply with an order dated 19.02.2020 from the first respondent and regularize purchased property. The High Court directed the second respondent to pass suitable orders within four weeks and disposed of the petition.

What did the court decide?

Directed the 2nd respondent to pass suitable orders for regularization within four weeks. Petition disposed.

S.Rajendran Vs The State of Tamil Nadu — Property and Title | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 29.06.2021

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

¶5

W.P.No.5807 of 2021 and W.M.P. No. 6400 of 2021

¶6

S.Rajendran, S/o. Soundaram Rajendran

¶7

... Petitioner

¶8

Vs.

¶9

The State of Tamil Nadu, rep. By its Additional Chief Secretary,

¶10

Revenue Department, Fort St. George, Chennai-600 009.

¶11

The Principal Secretary, Commissionerate of Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai-600 005.

¶12

Assistant Commissioner, (Competent Authority), Urban Land Tax, Karuneegar Street, Adambakkam, Chennai-600 088.

¶13

...Respondents

¶14

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3^rd Respondent to comply with the order passed by the 1^st respondent Additional Chief Secretary to the Government in Letter No.5118/ULC-I(2)/2020-1, dated 19.02.2020 and consequently issue regularise the schedule mentioned property belonging to the petitioner herein.

¶15

For Petitioner : Mr.Nithyaesh Natraj for Nithyaesh and Vaibhav

¶16

For Respondents: Mr.Yogesh Kannadasan, Government Advocate

¶17

https://hcservices.ecourts.gov.in/hcservices/

¶18

O R D E R

¶19

(The case has been heard through video conference)

¶20

The Writ Petition has been filed seeking a direction directing the 3^rd respondent to comply with the order passed by the 1^st respondent and regularise the schedule mentioned property belonging to the petitioner.

¶21

The grievance of the petitioner is that, he has purchased the property to an extent of 2489 sq.ft. in Survey No.105/2 situated at No.123, Madipakkam Village, Saidapet Taluk by a registered sale deed in the year 1999. Thereafter, he came to know that the land was subject to Tamil Nadu Urban Land (Ceiling and Regulation) Act. Immediately, he has approached the 1^st and 2^nd respondents to regularise the same under G.O.Ms.No.565, Revenue Department, dated 26.09.2008. Considering his application, the 1^st respondent has directed the 2^nd respondent vide letter No.5118/ULC-1(2)/2020-1, dated 19.02.2020 directed the 2^nd respondent to pass necessary orders to regularise the land under the above said G.O. on payment of Rs.57,800/- towards regularisation charges. Thereafter, the petitioner had approached the 3^rd respondent and requested him to issue necessary challan enabling him to pay the amount. But, his request was not considered and so far, the 2^nd and 3^rd respondents did not pass any orders as per the direction issued by the 1^st respondent dated 19.02.2020. Hence, the present writ petition has been filed by the petitioner.

¶22

I have considered the rival submissions made by learned counsel appearing for petitioner as well as learned Government Advocate appearing for respondents and perused the records.

¶23

On perusal of records, it could be seen that, the 1^st respondent as early as on 19.02.2020 has directed the 2^nd respondent to pass necessary orders to regularise the petitioner's land on receipt of Rs.57,800/- towards regularisation charges. But, according to the learned counsel appearing for petitioner, so far, they are not complying with the order passed by the 1^st respondent and no further proceedings has been initiated. The learned Government Advocate appearing for respondents would submit that the 2^nd respondent may be directed to pass suitable orders within a time frame to be fixed by this court.

¶24

Considering the fact that, already, the 1^st respondent had passed an order directing the 2^nd respondent to pass necessary orders to regularise the petitioner's land, the 2^nd respondent is directed to pass suitable orders within a period

¶25

https://hcservices.ecourts.gov.in/hcservices/

¶26

of four weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.

¶27

	-s/d- Assistant Registrar(CCC)
	True Copy
	Sub-Assistant Registrar
rpp To
1.	The Additional Chief Secretary, State of Tamil Nadu,
	Revenue Department,
	Fort St. George, Chennai-600 009.
2.	The Principal Secretary, Commissionerate of Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai-600 005.
3.	Assistant Commissioner, (Competent Authority), Urban Land Tax and Ceiling Alandur
	Urban Land Tax, Karuneegar Street,
	Adambakkam, Chennai-600 088.
+1	CC to The Government Pleader sr 30411.
+1	CC to M/s. Nithyaesh and Vaibhav, sr 29988.
	W.P.No.5807 of 2021
	and W.M.P. No. 6400 of 2021
SRI	I(CO)
SP(	20/07/2021)

¶28

https://hcservices.ecourts.gov.in/hcservices/

S.Rajendran v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

S.Rajendran v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

M.Kalavathy Vs TheDistrict collector

S.Thammannan Vs The District Collector

Dr.K.Russel Raj, Vs The Secretary to Government

K.Duraisamy, Vs The District Collector

M.Kannan Vs the District Collector

Narahari Prasad Vs The Competent Authority