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2022 DIGILAW 2779 (MAD)

R. Purushothaman v. State of Tamil Nadu Represented by its Secretary to Government, Chennai

2022-08-17

M.DHANDAPANI

body2022
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to regularize the petitioner Plot No.38, D.No.38, 3rd Street, Bharathi Nagar, 1AF Post, Avadi, Chennai - 600 055, measuring 2200 square feet, comprised in S.No.22/1 at Muthapudupettai Village, Avadi Taluk, Tiruvallur District, under innocent purchaser category for regularization of land in terms of G.O. (Nilai) No.649 dated 29.07.1998 and G.O.(Nilai) No.565, Revenue Department dated 26.09.2008 on considering the application of the petitioner dated 22.03.2021 within a time frame fixed by this Court.) 1. This writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to regularize the petitioner Plot No.38, D.No.38, 3rd Street, Bharathi Nagar, 1AF Post, Avadi, Chennai - 600 055, measuring 2200 square feet, comprised in S.No.22/1 at Muthapudupettai Village, Avadi Taluk, Tiruvallur District, under innocent purchaser category for regularization of land in terms of G.O. (Nilai) No.649 dated 29.07.1998 and G.O.(Nilai) No.565, Revenue Department dated 26.09.2008 by considering the application of the petitioner dated 22.03.2021 within a time frame fixed by this Court. 2. It is the case of the petitioner that the Government had issued G.O.No.649 (Revenue Department) dated 29.07.1998 to regularize those lands subjected to urban land ceiling proceedings purchased by the innocent purchaser for the sale effected during the period 03.08.1976 to 31.12.1994. The petitioner has purchased a property from one Damodaran Nair on 23.06.1999 bearing Plot No.38 situated at Survey No.22/1, Muthapudupettai Village, 3rd Street, Bharathi Nagar, IAF Post, Avadi, Chennai and the same was registered as Document No.2855 of 1999 on the file of Sub-Registrar, Avadi. The Government further issued G.O.Ms.No.649 (Revenue Department) dated 29.07.1998 and G.O.No.565 (Revenue Department) dated 26.09.2008 extending the time limit to regularize those lands subjected to urban land ceiling proceedings purchased by the innocent purchasers till 26.09.2008. In the year 2015, the petitioner approached the competent authorities and found that his plot along with larger extent of land in Survey No.22/1, Muthapudupettai Village, was subjected to urban land ceiling proceedings. 3. As per the aforesaid Government Order, the petitioner is entitled to the benefit of regularizing his plot as innocent purchaser and hence, the petitioner submitted an application on 22.03.2021 to the third respondent seeking regularization of his plot under the innocent buyer's category. However, till date the said application was not considered by the respondents. 3. As per the aforesaid Government Order, the petitioner is entitled to the benefit of regularizing his plot as innocent purchaser and hence, the petitioner submitted an application on 22.03.2021 to the third respondent seeking regularization of his plot under the innocent buyer's category. However, till date the said application was not considered by the respondents. Hence, the present Writ Petition. 4. Though very many grounds have been raised in this Writ Petition, learned counsel appearing on behalf of the petitioner submits that it would suffice if this Court issues direction to the third respondent to consider the petitioner's application dated 22.03.2021 and pass appropriate orders on merits within a particular time frame to be fixed by this Court. 5. The learned Government Advocate for respondents has no objection for said order being passed. 6. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 7. Taking into consideration the facts and circumstances of the case, this Court without going into the merits of the case, directs the third respondent to consider the said application of the petitioner dated 22.03.2021 and pass appropriate orders and dispose of the said application, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons, if any, within a period of twelve weeks from the date of receipt of a copy of this order. 8. With the above observations and direction, this Writ Petition is disposed of. No costs. (Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to regularize the petitioner Plot No.38, D.No.38, 3rd Street, Bharathi Nagar, 1AF Post, Avadi, Chennai - 600 055, measuring 2200 square feet, comprised in S.No.22/1 at Muthapudupettai Village, Avadi Taluk, Tiruvallur District, under innocent purchaser category for regularization of land in terms of G.O. (Nilai) No.649 dated 29.07.1998 and G.O.(Nilai) No.565, Revenue Department dated 26.09.2008 on considering the application of the petitioner dated 22.03.2021 within a time frame fixed by this Court.) 1. This writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to regularize the petitioner Plot No.38, D.No.38, 3rd Street, Bharathi Nagar, 1AF Post, Avadi, Chennai - 600 055, measuring 2200 square feet, comprised in S.No.22/1 at Muthapudupettai Village, Avadi Taluk, Tiruvallur District, under innocent purchaser category for regularization of land in terms of G.O. (Nilai) No.649 dated 29.07.1998 and G.O.(Nilai) No.565, Revenue Department dated 26.09.2008 by considering the application of the petitioner dated 22.03.2021 within a time frame fixed by this Court. 2. It is the case of the petitioner that the Government had issued G.O.No.649 (Revenue Department) dated 29.07.1998 to regularize those lands subjected to urban land ceiling proceedings purchased by the innocent purchaser for the sale effected during the period 03.08.1976 to 31.12.1994. The petitioner has purchased a property from one Damodaran Nair on 23.06.1999 bearing Plot No.38 situated at Survey No.22/1, Muthapudupettai Village, 3rd Street, Bharathi Nagar, IAF Post, Avadi, Chennai and the same was registered as Document No.2855 of 1999 on the file of Sub-Registrar, Avadi. The Government further issued G.O.Ms.No.649 (Revenue Department) dated 29.07.1998 and G.O.No.565 (Revenue Department) dated 26.09.2008 extending the time limit to regularize those lands subjected to urban land ceiling proceedings purchased by the innocent purchasers till 26.09.2008. In the year 2015, the petitioner approached the competent authorities and found that his plot along with larger extent of land in Survey No.22/1, Muthapudupettai Village, was subjected to urban land ceiling proceedings. 3. As per the aforesaid Government Order, the petitioner is entitled to the benefit of regularizing his plot as innocent purchaser and hence, the petitioner submitted an application on 22.03.2021 to the third respondent seeking regularization of his plot under the innocent buyer's category. However, till date the said application was not considered by the respondents. Hence, the present Writ Petition. 4. Though very many grounds have been raised in this Writ Petition, learned counsel appearing on behalf of the petitioner submits that it would suffice if this Court issues direction to the third respondent to consider the petitioner's application dated 22.03.2021 and pass appropriate orders on merits within a particular time frame to be fixed by this Court. 5. The learned Government Advocate for respondents has no objection for said order being passed. 6. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 7. 5. The learned Government Advocate for respondents has no objection for said order being passed. 6. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 7. Taking into consideration the facts and circumstances of the case, this Court without going into the merits of the case, directs the third respondent to consider the said application of the petitioner dated 22.03.2021 and pass appropriate orders and dispose of the said application, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons, if any, within a period of twelve weeks from the date of receipt of a copy of this order. 8. With the above observations and direction, this Writ Petition is disposed of. No costs.