E.Sankar Vs The Assistant Commissioner

The Assistant Commissioner Competent Authority, Urban Land Ceiling and Urban Land Tax, No.5, Sannathi Street, 2nd Floor, Poonamallee, Chennai-600 056.

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2.The Tahsildar, Chennai Thiruvallur High Road, Gandhi Nagar, Ambattur, Chennai-600 053.

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Respondent(s)

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PRAYER

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to incorporate the petitioner name as owner in the revenue records in respect of land measuring 1.15 acres comprised in Survey No.33 and 12 cents in Survey No.34/1 part, respectively of Menambedu Village, Ambattur Taluk, Thiruvallur District, based on the petitioner representation dated 21.08.2019 as expeditiously as possible

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For Petitioner(s): Mr.V.Ramesh, for M/s.T.Thiyagarajan For Respondent(s): Mr.C.Gowthamaraj, GA

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

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WP No. 12208 of 2021

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ORDER

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This writ petition has been filed to direct the respondents to incorporate the petitioner name as owner in the revenue records in respect of the subject lands, measuring 1.15 acres comprised in Survey No.33 and 12 cents in Survey No.34/1 part, respectively of Menambedu Village, Ambattur Taluk, Thiruvallur District.

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The learned counsel for the petitioner would submit that in this case, initially, two separate writ petitions, in WP.Nos.28056 & 27689 of 2003, were filed challenging the urban land ceiling proceedings initiated by the respondents and the said petitions were allowed vide order dated 23.01.2009.

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He would also submit that against the order, pertaining to land at Survey No.33, a writ appeal in W.A.No.1152 of 2012 and the subsequent SLP(c)No.10190 of 2016 were filed, however, the same were dismissed by this Court and the Hon'ble Apex Court vide orders dated 23.07.2012 and 01.07.2016 respectively. Hence, the issue, pertaining to the subject land at Survey No.33, had duly attained its finality.

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

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WP No. 12208 of 2021

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Further, he would contend that as far as the order, pertaining to land at

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Survey No.34/1 Part to an extent of 12 cents, is concerned, a writ appeal in WA.No.3998 of 2019 was filed by the Government and the same was dismissed vide order dated 27.01.2020. Aggrieved over the dismissal order, the SLP(C)No.208 of 2021 was filed and the same is still pending before the Hon'ble Apex Court.

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Though the issue attained its finality at the level of the Hon’ble Apex Court, no steps were taken by the respondents to incorporate the petitioner’s name in the revenue records. Hence, a representation dated 21.08.2019 was filed. However, the same was not at all considered by the respondent till date. Hence, this petition.

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In reply, the learned counsel for the respondent had confirmed the submissions made by the petitioner and he requests this Court to pass appropriate orders.

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Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

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

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WP No. 12208 of 2021

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In the case on hand, it appears that initially, two separate writ petitions,

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in WP.Nos.28056 & 27689 of 2003, were filed challenging the urban land ceiling proceedings initiated by the respondents. One is pertaining to Survey No.33 to the extent of 1.15 Acres of land and another is pertaining to Survey No.34/1 Part to the extent of 33 cents of land. Both the writ petitions were allowed by this Court vide order dated 23.01.2009.

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Subsequently, as far as the Survey No.33 is concerned, a writ appeal in W.A.No.1152 of 2012, which was dismissed by the Hon’ble Division Bench of this Court vide order dated 23.07.2012. Against the said order, SLP(c)No.10190 of 2016 was filed, however, the same were dismissed by the Hon'ble Apex Court vide order dated 01.07.2016.

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As far as the order, pertaining to land at Survey No.34/1 Part to an extent of 12 cents, is concerned, a writ appeal in WA.No.3998 of 2019 was filed by the Government and the same was dismissed vide order dated 27.01.2020. Aggrieved over the dismissal order, the SLP(C)No.208 of 2021 was filed and the same is still pending before the Hon'ble Apex Court.

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When such being the case, it is clear that the issue, pertaining to the subject land at Survey No.33, had duly attained its finality. Therefore, this Court

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

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WP No. 12208 of 2021

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is of the considered view that there is no impediment for the respondents to incorporate the petitioner's name in the revenue records pertaining to said Survey No.33 measuring to an extent of 1.15 Acres of land. Accordingly, this Court directs the respondents to consider the petitioner's representation dated 21.08.2019 and incorporate the petitioner's name in the revenue records, pertaining to the said extent of land.

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With regard to the issuance of patta for the remaining 12 cents of land at Survey No.34/1 part, the same shall be subject to the outcome of SLP(C)No.208 of 2021, which is pending before the Hon'ble Apex Court.

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With the above directions, this writ petition is disposed of. No cost.

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09-04-2026

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nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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

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WP No. 12208 of 2021

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To

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1.The Assistant Commissioner Competent Authority, Urban Land Ceiling and Urban Land Tax, No.5, Sannathi Street, 2nd Floor, Poonamallee, Chennai-600 056.

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