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2025 DAILYLAW 7302 (MAD)

B.VINOTH KUMAR v. The State of Tamil Nadu

WA/1160/2025 · 2026-06-24

G Arul Murugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.A.Nos.1160 and 1169 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.A.Nos.1160 and 1169 of 2025 1.B.Vinoth Kumar No.141, Subamangalam Flats, Velachery Main Road, Gowrivakkam Village, Tambaram Taluk, Chennai-600 073. 2.B.Vasanth No.141, Subamangalam Flats, Velachery Main Road, Gowrivakkam Village, Tambaram Taluk, Chennai-600 073. Appellants in W.A.No.1160/2025 S.Sofia Janet W/o.B.Solomon Charles, No.141, Subamangalam Flats, Velachery Main Road, Gowrivakkam Village, Tambaram Taluk, Chennai – 600 073. Appellant in W.A.No.1169/2025 ______________ https://www.mhc.tn.gov.in/judis W.A.Nos.1160 and 1169 of 2025 Vs 1.The State of Tamil Nadu Rep. by its Secretary, Revenue and Disaster Management Department, Secretariat, Fort St. George, Chennai 600009. 2.The Commissioner Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai 600005. 3.The Assistant Commissioner Office of Urban Land Ceiling and Urban Land Tax, Tambaram Division, No.153 Karuneegar Street, Adambakkam, Chennai-600 088. 4.The Tahsildar Tambaram Taluk, Chengalpattu District. Respondents in both WAs PRAYER : Appeals filed under Clause 15 of the Letters Patent to set aside the common order passed by the learned Single Judge in W.P.Nos.3482 and 2354 of 2024, dated 26.06.2024. For Appellants: M.Velmurugan For Respondent: Mr.Mohammed Fayaz Ali Government Pleader ______________ https://www.mhc.tn.gov.in/judis W.A.Nos.1160 and 1169 of 2025 COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) These writ appeals filed under Clause 15 of the Letters Patent assail the common order dated 26.6.2024 passed in W.P.Nos.3482 and 2354 of 2024, whereby the writ petitions filed by the appellants have been dismissed. 2. The appellants/writ petitioners have filed the writ petitions seeking direction to respondents 1 to 3 to consider their applications seeking regularization of the house site property under Innocent Buyers Scheme. 3. The learned Single Judge, while dismissing the writ petitions, came to the conclusion that the appellants' case do not fall under G.O. (Ms.) No.565, Revenue [ULC1(2)] Department, dated 26.9.2008 and G.O (Ms.) No.63, Revenue Department, dated 27.1.2020 and, therefore, they are not entitled to get the benefit under the Innocent Buyers Scheme. ______________ https://www.mhc.tn.gov.in/judis W.A.Nos.1160 and 1169 of 2025 4. Learned counsel for the appellants has produced a subsequent G.O. (Ms.) No.149, Revenue & Disaster Management Department, Urban Land Ceiling Wing, ULC-I(2) Section, dated 9.2.2026, in which certain clarifications have been issued with regard to the cut-off date as well as the consideration for regularization under Innocent Buyers Scheme. Paragraph 8 of the said Government Order is reproduced below: “8. The Government after careful examination, hereby issue the following clarification to the Government Order fourth read above:- “All the transactions done through registered deed by the innocent buyer and not the original urban land owner where the land was acquired under the erstwhile Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 i.e. “transaction happened through valid registered Settlement Deed, Partition Deed, Gift Deed, Release Deed, Exchange Deed, etc., (Except transaction through Sale Deed) after 26.09.2008 can be considered for regularization under the Innocent Buyers Scheme, subject to the condition that the transfer of the title of the subject land should have been effected through a valid registered deed on or before 26.09.2008 innocently acquired by the purchaser unaware of the acquisition proceedings of the Government under the said Act and petition received from the innocent purchasers be entertained after scrutiny and verification of the genuineness of the transaction and as per the guidelines ______________ https://www.mhc.tn.gov.in/judis W.A.Nos.1160 and 1169 of 2025 issued in the Government Order second read above.”” 5. In view of the aforesaid clarification in G.O. (Ms.) No.149, Revenue & Disaster Management Department, Urban Land Ceiling Wing, ULC-I(2) Section, dated 9.2.2026, the appellants may approach the competent authority by filing fresh applications in accordance with law in terms of the Government Order dated 9.2.2026. The same shall be considered by the competent authority on its own merits untrammelled by any of the observations made by the learned Single Judge. With these observations, the writ appeals are disposed of. There shall be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 24.06.2026 Index : Yes/No Neutral Citation : Yes/No bbr ______________ https://www.mhc.tn.gov.in/judis W.A.Nos.1160 and 1169 of 2025 To: 1.The Secretary, State of Tamil Nadu Revenue and Disaster Management Department, Secretariat, Fort St. George, Chennai 600009. 2.The Commissioner Urban Land Ceiling and Urban Land Tax, Chepauk, Chennai 600005. 3.The Assistant Commissioner Office of Urban Land Ceiling and Urban Land Tax, Tambaram Division, No.153 Karuneegar Street, Adambakkam, Chennai-600 088. 4.The Tahsildar Tambaram Taluk, Chengalpattu District. ______________ https://www.mhc.tn.gov.in/judis W.A.Nos.1160 and 1169 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J. bbr W.A.Nos.1160 and 1169 of 2025 24.06.2026 ______________ https://www.mhc.tn.gov.in/judis