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2013 DIGILAW 4151 (MAD)

Banu Sundaram v. Government of Tamil Nadu

2013-12-10

V.DHANAPALAN

body2013
JUDGMENT 1. The petitioners, who are stated to be the present owners of the property in Survey No.130/2, Block No.1 to the extent of 2 grounds and 600 square feet situated at 100 feet road (Jawaharlal Nehru Salai), Chennai, seek a writ of Mandamus, directing the Tahsildar, Mambalam to issue patta in respect of the said lands on the basis of the order dated 02.09.2009 passed in W.P.Nos.6674 and 6675 of 2000 and the related representations made by them. 2. According to the petitioners, they jointly purchased the land situated in T.S.No.130 Part Block No.1 of Ekathuthangal Village, Chennai, Guindy-Mambalam Taluk, Madras District by a sale deed dated 02.05.1985, registered as Doc.No.1255 of 1985 before the District Registrar of Madras South to an extent of 2 grounds and 600 sq.ft. and the petitioners are under the possession of the same. When the petitioners wanted to develop the property, they came to know about the notification declaring that the land purchased by the petitioners had exceeded under Urban Land Ceiling Act dated 12.08.1987. The petitioners immediately challenged the said proceedings in W.P.Nos.5605 and 5606 of 1990 respectively and obtained interim injunction from dispossession of the property from this Court. 3. It is submitted by the petitioners that on formation of Tamil Nadu Land Reforms Special Appellate Tribunal by an Act of State, all the pending writ petitions before this Court, relating to urban land ceiling, were transferred to the said Tribunal, as a result of which, the petitioners' writ petitions were also transferred in TRP Nos.23 & 24 of 1999 with interim orders and a final order came to be passed on 20.01.2000 dismissing TRP Nos.23 & 24 of 1999. Aggrieved by the same, the petitioners preferred W.P.Nos.6674 and 6675 of 2000 before the Hon'ble Division Bench of this Court, wherein an order of interim stay of the proceedings was granted. Finally, by allowing the above said writ petitions on 02.09.2009, the Hon'ble Division Bench of this Court extended the benefit of repeal to the petitioners' land in terms of Section 4 of the Act 20 of 1999. 4. It is stated by the petitioners that against the said order, so far, no appeal was preferred by any of the respondents including the Indian Bureau of Mines, who were responsible for paper allotment of the excess land without any possession, pursuant to which, the order attained finality. 4. It is stated by the petitioners that against the said order, so far, no appeal was preferred by any of the respondents including the Indian Bureau of Mines, who were responsible for paper allotment of the excess land without any possession, pursuant to which, the order attained finality. It is further stated by the petitioners that when the petitioners approached the 3rd respondent for issuance of patta, they were orally informed to get NOC from the land ceiling authority, which is not at all required, as the Hon'ble Division Bench of this Court had already granted the relief. Since the third respondent failed to take any action pursuant to the application dated 07.10.2013, the petitioners are before this Court, seeking for a direction in this regard. 5. I have heard the learned Senior Counsel for the petitioners and the learned Additional Government Pleader appearing on behalf of the respondents. 6. The petitioners have produced a copy of the order dated 02.09.2009 in W.P.Nos.6674 and 6675 of 2000 in support of their contention extending the benefits under Repeal Act 20 of 1999. The learned Additional Government Pleader has fairly conceded that no appeal has been preferred by the Government against the said order of the Hon'ble Division Bench of this Court. 7. The question now raised by the petitioners in the matter of issuance of patta is essentially a matter to be considered by the third respondent. 8. In view of the submission made by the learned counsel for the petitioners as to the limited extent of directing the 3rd respondent to consider the application of the petitioner, this writ petition is disposed of with a direction to the 3rd respondent Tahsildar, Mambalam to consider and dispose of the applications submitted by the petitioners on 02.05.2013 and 07.10.2013 respectively, on merits and as per law taking into account the order dated 02.09.2009 passed in W.P.Nos.6674 and 6675 of 2000. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order. No costs.