G. SELVARAJ Vs. SPECIAL COMMISSIONER CHENNAI & ANOTHER

JUDGEMENT

(1.) THE present petition has been filed by Selvaraj in the year 2005 for issuance of Writ of Certiorari to call for the records of the second respondent, Assistant Commissioner for Urban Land Tax -Cum - Competent Authority, Alandur, Chennai relating to the order passed in Na.Ka.No.768/98 -B, dated 14.07.1998 and quash the same.

(2.) IT is the case of the petitioner that he acquired the agricultural land bearing Survey No.370/1 to an extent of 0.91 acres under the settlement deed dated 22.12.1986 in Document No.3907 of 1986 at Gerugambakkam Village, Sriperambudur Taluk, Kancheepuram District from one Ganesa Mudaliar, son of Murugappa Mudaliar, who is the father of the petitioner. Since the date of settlement, the petitioner has been in exclusive possession and enjoyment of the property. In view of the same, Patta was also issued in favour of the petitioner vide Patta No.300. While so, the second respondent issued impugned order dated 14.07.1998, in which the excess vacant land has been determined as 3150 sq.mts. leaving only 500 sq.mts. of land in favour of the petitioner. Challenging the same, the petitioner has come to this Court by filing this Writ Petition.

(3.) THE learned counsel for the petitioner has submitted that it is an admitted fact the the land in question is a family property of the petitioner. After registering the settlement deed dated 22.12.1986 in Document No.3907 of 1986, he has been in physical possession and enjoyment of the property. Unfortunately, the second respondent, without any notice, passed the impugned order in Na.Ka.No.768/98B, dated 14.7.1988 in the name of the petitioner by not following any subsequent procedure for determining the excess land.