Urban land regularization claim rejected as post cut-off settlement was held unsustainable; court ruled the Innocent Purchaser Scheme is land-centric, so eligibility follows the 1998 purchase from an Urban Land Holder before the cut-off date. Quashed rejection orders and directed authorities to reconsider and regularize the petitioner's land.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.11429 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.11.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY
W.P.No.11429 of 2025 & W.M.P.No.12906 of 2025
A.Sulthan
... Petitioner
Vs.
1. The State Of Tamil Nadu
Represented By Secretary To Government, Revenue And Disaster Management Department, Ulc 1(2) Wing Secretariat Fort St George Chennai 600 009.
3. Assistant Commissioner
Urban Land Tax Cum Competent Authority, Alandur Zone, No. 153 Karuneegar Street, Adambakan Chennai 600 088.
... Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records on the file of
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the 3rd respondent relating to the impugned letter bearing No mu Mu Aa /413/2024 dated 21.05.2024 issued by the 3rd respondent and quash the same and consequently direct the respondents to regularize the land measuring 2400 square feet comprised in survey no. 370/1 situated at kerugamabakam village, kundrathur talk, Kancheepuram District under the category of innocent purchaser in terms of G. O Ms No. 565 Revenue department dated 26.09.2008 and G. O Ms 63 revenue department dated 27.01.2020 and to issue patta in the name of the petitioner considering the representation dated 24.04.2024 of the petitioner within a time frame fixed by this Honourable Court
For Petitioner : Ms. Ramya M.B. For Respondent : Mrs.S.Indhu Bala, AGP
ORDER
This writ petition has been filed challenging the impugned letter dated 21.05.2024 issued by the respondent.
case, the petitioner had filed a representation dated 24.04.2024 for the purpose of regularization of the subject land under the “Innocent
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Purchaser Scheme” as per the GO.Ms.No.565 of 2008 dated 29.09.2008 and GO.Ms.No.63 of 2020 dated 27.01.2020.
had purchased the subject property from an Urban Land Holder by virtue of sale deed dated 09.03.1998. Thereafter, the petitioner's mother made an application for regularization of subject land under the “Innocent Purchaser Scheme” by way of representation dated 16.04.2015, however, the said representation was dismissed by the respondent on the ground that the relevant documents were not produced by the petitioner's mother.
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under “Innocent Purchaser Scheme” since the settlement of the subject property was made on 19.11.2020, which is beyond the cut-off date prescribed under GO.Ms.No.565 of 2008. Hence, this writ petition.
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Purchaser Scheme”, a person is supposed to have acquired the property on or before the cut-off date as prescribed therein. However, in this case, as stated above, the property was acquired by the petitioner by virtue of settlement deed dated 19.11.2020, which is beyond the prescribed cutoff date. Hence, the respondent is not in a position to consider the request made by the petitioner. Hence, she requests this Court to pass appropriate orders.
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Subsequently, the petitioner had filed a representation dated 24.04.2024 for the purpose of regularization of the subject land under the “Innocent Purchaser Scheme” as per the GO.Ms.No.565 of 2008 dated 29.09.2008 and GO.Ms.No.63 of 2020 dated 27.01.2020. However, the same was rejected by the respondent vide order dated 21.05.2024.
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“2..... (i) to (v) ......... (vi) murhiz btspapLk; ehs; tiu rl;lk; mwpahky; fpuak; bgw;wtu;fsJ epy';fs; tud;Kiwg;gLj;jg;gLk;”
should have been purchased from an Urban Land Holder on or before the cut-off date, i.e., 29.09.2008. The said notification, being a beneficial notification, has to be interpreted in such a way as “land-centric” and not as “person-centric”, since it was issued based on the date of acquisition of land. In such case, the respondent should have considered only on the aspect as to whether the land was purchased from the Urban Land Holder prior to the aforesaid cut-off date or not.
W.P.No.11429 of 2025
such view of the matter, the petitioner, who is holding the title of the said land, is certainly eligible to avail the benefits under the “Innocent Purchaser Scheme” and it is not proper for the respondent to arrive at a decision based on “person-centric” instead of “land-centric” while considering the petitioner's representation.
a subsequent Notification issued in GO.Ms.No.63 of 2020, which reads as follows:
7. In the letter 6th read above, the Additional Advocate General - VI of Tamil Nadu has opined as follows:-
"If the urban land owner executes a Deed of Settlement, Gift or Partition and transfers the title to the property to any of his family members, the beneficiary under that document cannot be considered as an innocent purchaser. If the Erstwhile Urban Land Owner has executed a conveyance in favour of any person, for valuable consideration, the said purchaser would derive the benefit of innocent purchaser subject to he/she fulfilling the other conditions that are stipulated In G.O.(Ms)No.649, Revenue [ULCI(2)] Department, dated 29.07.1998 and as superseded by G.O.(Ms) No.565, Revenue Department, dated 26.09.2008 and provided his sale is on or before 26.09.2008."
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case, the subsequent purchaser will not lose the benefits available under the “Innocent Purchaser Scheme” as per the GO.Ms.No.565 of 2008.
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cost. Consequently, the connected miscellaneous petition is also closed.
05.11.2025
Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No nsa
Note: Issue order copy on 06.11.2025.
To
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KRISHNAN RAMASAMY.J.,
nsa
W.P.No.11429 of 2025 & W.M.P.No.12906 of 2025
05.11.2025
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2 issues framed by the court
Whether a petitioner who acquired urban land via settlement deed in 2020 qualifies under the Innocent Purchaser Scheme when the original purchase from the Urban Land Holder was in 1998, before the cut
Whether the Innocent Purchaser Scheme should be interpreted land-centrically rather than person-centrically.
1 provisions across 1 enactments
A.Sulthan
The State Of Tamil Nadu (Revenue And Disaster Management Department)
The Special Commissioner Urban Land Ceiling And Urban Land Tax
Assistant Commissioner Urban Land Tax Cum Competent Authority, Alandur Zone
Tahsildar Kundrathur
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
