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2025 DAILYLAW 103200 (MAD)

SANTHIYA HARINATH v. THE SECRETARY

WP/35996/2025 · 2025-09-22

Krishnan Ramasamy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.35996 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 22.09.2025 CORAM THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY W.P.No.35996 of 2025 Santhiya Harinath ... Petitioner Vs. 1. The Secretary Revenue Department Secretariat, Chennai 600 009 2. The Commissioner Lad Administration Department 2nd Floor, Ezhilangam Chepauk, Chennai 600 005 3. The Commissioner Office Of Director Of Land Reforms Urban Land Ceiling And Ubrna Land Tax Ezhilagam, Chepauk Chennai 4. The Assistant Commissioner Urban Land Tax, Poonamallee Zone, No 5 Sannathi Street, Poonamalle, Chennai 600 056 5. The Tahsildar Avadi Taluk Tiruvallur District ... Respondents 1/8 https://www.mhc.tn.gov.in/judis W.P.No.35996 of 2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the respondents to forthwith consider and pass final orders on the petitioners application dated 29.11.2011, which is pending before the 2nd respondent under the Innocent purchaser scheme in terms of G.O. (Ms) No 565 Revenue department, dated 26.09.2008 and G.O (Ms) No 63 Revenue and Disaster Management Department, dated 27.1.2020 and representation dated 01.07.2025 pending before 1st to 4th respondent and consequentially issue patta in favour of the petitioner in respect of the property comprised in S. No. 594 Plot No 21A, Asian Nagar (Old Vijaya Nagar) No 16, Thirumullaivoyil village, Ambattur Circle, Avadi Corporation, Thiruvallur District admeasuring 1350 sq.Ft., within a time frame fixed by this honble Court For Petitioner : Ms.K.Indupriya For Respondent : Mr.C.Jayaprakash, GA ORDER This writ petition has been filed to direct the respondents to forthwith consider and pass final orders on the petitioners application dated 29.11.2011, which is pending before the 2nd respondent under the 2/8 https://www.mhc.tn.gov.in/judis W.P.No.35996 of 2025 Innocent purchaser scheme in terms of G.O. (Ms) No 565 Revenue department, dated 26.09.2008 and G.O (Ms) No 63 Revenue and Disaster Management Department, dated 27.1.2020 and representation dated 01.07.2025 pending before 1st to 4th respondent and consequentially issue patta in favour of the petitioner in respect of the subject property. 2. Mr.C.Jayaprakash, learned Government Advocate, takes notice on behalf of the respondents. 3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself. 4. The learned counsel for the petitioner would submit that in this case, the subject property was purchased by the petitioner vide sale deed dated 08.12.2006. Thereafter, her applications for patta were rejected in the year 2013 on the ground that the land fell under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. According to the 3/8 https://www.mhc.tn.gov.in/judis W.P.No.35996 of 2025 petitioner, being an innocent purchaser, the petitioner was unaware of the ULC status and hence, she is entitled for protection under GO.(Ms) No.565, Revenue Department dated 26.09.2008 and GO.(Ms)No.63, Revenue & Disaster Management Department dated 27.01.2020. Subsequently, an application dated 29.11.2011 came to be filed by the petitioner, whereby, enquiry was conducted. Thereafter, the 4th respondent, vide RTI reply dated 13.05.2025, had confirmed that the petitioner's case was covered under the Innocent Purchaser Scheme. In this regard, she filed several representations, including representation dated 01.07.2025. However, the application dated 29.11.2011 was not at all considered by the respondents till date. Hence, this writ petition. 5. In reply, the learned Government Advocate appearing for the respondents would request this Court to pass appropriate orders directing the respondents to consider and dispose of the representation filed by the petitioner. 4/8 https://www.mhc.tn.gov.in/judis W.P.No.35996 of 2025 6. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents and also perused the materials available on record. 7. In the case on hand, the subject property was purchased by the petitioner vide sale deed dated 08.12.2006. Thereafter, her applications for patta were rejected in the year 2013 on the ground that the land fell under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. According to the petitioner, being an innocent purchaser, the petitioner was unaware of the ULC status and hence, she is entitled for protection under GO.(Ms) No.565, Revenue Department dated 26.09.2008 and GO.(Ms)No.63, Revenue & Disaster Management Department dated 27.01.2020. Subsequently, an application dated 29.11.2011 came to be filed by the petitioner, whereby, enquiry was conducted. However, no orders were passed. Thereafter, the 4th respondent, vide RTI reply dated 13.05.2025, had confirmed that the petitioner's case was covered under the Innocent Purchaser Scheme. In this regard, she filed several representations, including representation dated 01.07.2025. However, the 5/8 https://www.mhc.tn.gov.in/judis W.P.No.35996 of 2025 application dated 29.11.2011 was not at all considered by the respondents till date. 8. In view of the above, this Court directs the respondents to consider the petitioner's application dated 29.11.2011 and dispose of the same on merits and in accordance with law within a period of 4 weeks from the date of receipt of copy of this order. 9. With the above directions, this writ petition is disposed of. No costs. 10. Post this matter on 11.11.2025 for reporting compliance. 22.09.2025 Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No nsa 6/8 https://www.mhc.tn.gov.in/judis W.P.No.35996 of 2025 To 1. The Secretary Revenue Department Secretariat, Chennai 600 009 2. The Commissioner Lad Administration Department 2nd Floor, Ezhilangam Chepauk, Chennai 600 005 3. The Commissioner Office Of Director Of Land Reforms Urban Land Ceiling And Ubrna Land Tax Ezhilagam, Chepauk Chennai 4. The Assistant Commissioner Urban Land Tax, Poonamallee Zone, No 5 Sannathi Street, Poonamalle, Chennai 600 056 5. The Tahsildar Avadi Taluk Tiruvallur District 7/8 https://www.mhc.tn.gov.in/judis W.P.No.35996 of 2025 KRISHNAN RAMASAMY.J., nsa W.P.No.35996 of 2025 22.09.2025 8/8 https://www.mhc.tn.gov.in/judis