Disposed¶27

Prema M v. The State of Tamil Nadu

Madras HC26 Jun 2025WP(MD)/16909/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; W.P.(MD) No.16909 of 2025; decided 26.06.2025 by S. Sounthar, J. Keywords: Tamil Nadu Urban Land Ceiling Act; surplus land declaration; innocent purchaser; exemption; G.O.Ms.No.649 Revenue dated 29.07.1998; representation dated 02.06.2022; report Na.Ka.No.A1/844/2022 dated 25.06.2024; mandamus to consider representation; twelve-week time-bound direction; disposed of with no costs; no precedent cited; no opinion expressed on merits.

What did the court decide?

Direction to the second respondent (Special Commissioner, Commissionerate For Urban Land Ceiling & Urban Land Tax) to consider the petitioner's representation dated 02.06.2022 in the light of the third respondent's report and pass final orders on its own merits within twelve weeks; no costs. ¶27

Prema M Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to exempt the petitioner's house property (Door No.150, Kannappar Street, Mullai Nagar, Meenambapuram Post, Madurai) from the purview of the Land Ceiling Act in the light of G.O.Ms.No.649, Revenue, dated 29.07.1998, as an innocent purchaser, by considering her representation dated 02.06.2022.

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Ratio / Principle

Without expressing any opinion on the merits of the matter, the second respondent is directed to consider the petitioner's representation dated 02.06.2022 in the light of the report submitted by the third respondent.

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Key takeaways

The second respondent shall pass final orders on its own merits within a period of twelve weeks from the date of receipt of a copy of the order.ratio¶23

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India by M.Prema seeking a writ of mandamus to direct the respondents to exempt her house property at Door No.150, Kannappar Street, Mullai Nagar, Meenambapuram Post, Madurai, from the purview of the Land Ceiling Act in the light of G.O.Ms.No.649, Revenue, dated 29.07.1998, claiming to be an innocent purchaser. The property had been declared surplus under the Tamil Nadu Urban Land Ceiling Act after her 1993 purchase; her representation dated 02.06.2022 seeking regularisation and exemption remained unconsidered although the third respondent's report in Na.Ka.No.A1/844/2022, dated 25.06.2024, was already before the second respondent. Held (S. Sounthar, J.), without expressing any opinion on the merits, the second respondent was directed to consider the representation dated 02.06.2022 in the light of the third respondent's report and pass final orders on its own merits within twelve weeks of receipt of a copy of the order. Writ petition disposed of; no costs.

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W.P.(MD) No.16909 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.(MD) No.16909 of 2025

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M.Prema ... Petitioner Vs 1 The State of Tamil Nadu, Represented by its Secretary to Government, Revenue and Disaster Management Department ULC, 1(2) Wing Secretariat, Fort George, Chennai. 2 The Special Commissioner, Commissionerate For Urban Land Ceiling & Urban Land Tax, Chepauk, Chennai. 3 The Assistant Commissioner of Urban Land Ceiling and Urban Land Tax, Madurai District. 4 The District Revenue Officer, Madurai District, Madurai. 5 The Tahsildar, Taluk Office, Madurai North, Madurai District. ... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.16909 of 2025

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,

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praying for issuance of a writ of mandamus, directing the respondents to exempt the house property in Door No.150, Kannappar Street, Mullai Nagar, Meenambapuram Post, Madurai, from the purview of the Land Ceiling Act in the light of G.O.Ms.No.649, Revenue, dated 29.07.1998, as an innocent purchaser, based on petitioner's representation, dated 02.06.2022.

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For Petitioner : Mr.S.Kishore Kumar

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For Respondents : Mrs.S.Jeya Priya, Govt. Advocate.

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ORDER

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The Writ Petition is filed, seeking a direction to the respondents to exempt the house property of the petitioner with Door No.150, Kannappar Street, Mullai Nagar, Meenambapuram Post, Madurai, from the purview of the Land Ceiling Act in the light of G.O.Ms.No.649, Revenue, dated 29.07.1998, as an innocent purchaser, based on petitioner's representation, dated 02.06.2022.

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It is the case of the petitioner that she purchased 1394 sq.ft. of plot in Mullai Nagar, B.B.Kulam Village, Madurai North Taluk, Madurai, under

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_____________ Page 2 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.16909 of 2025

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a registered sale deed, dated 20.09.1993. It is also stated that subsequent to the said purchase, she put up a building thereon, which was assigned Door No.150. Later, the petitioner acquired knowledge that the subject property was declared as surplus land under the provisions of the Tamil Nadu Urban Land Ceiling Act. Hence, the petitioner submitted a representation before the second respondent on 02.06.2022, seeking regularisation of the plot purchased by her and exemption from the application of the Tamil Nadu Urban Land Ceiling Act, on the ground that she was an innocent purchaser. The same has not been considered. Hence, she has come before this Court.

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The learned Government Advocate, who takes notice for the respondents, would submit that based on the representation submitted by the petitioner, dated 02.06.2022, the second respondent called for a report from the third respondent and the same was also already submitted by the third respondent before the second respondent in his proceedings in Na.Ka.No.A1/844/2022, dated 25.06.2024.

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In view of the above, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the representation of the petitioner, dated 02.06.2022, in the light of the report submitted by the third respondent and pass final orders on its own merits within a period of twelve weeks from the date of receipt of copy of this order.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.16909 of 2025

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Accordingly, the Writ Petition is disposed of. No costs.

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26.06.2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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dixit

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To:

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1 The State of Tamil Nadu, Represented by its Secretary to Government, Revenue and Disaster Management Department ULC, 1(2) Wing Secretariat, Fort George, Chennai.

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2 The Special Commissioner, Commissionerate For Urban Land Ceiling & Urban Land Tax, Chepauk, Chennai.

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3 The Assistant Commissioner of Urban Land Ceiling and Urban Land Tax, Madurai District.

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4 The District Revenue Officer, Madurai District, Madurai.

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