D. PREMAKUMARI Vs. RAVICHANDRAN AND ORS.

JUDGEMENT

(1.) IN W.P. No. 29832 of 2013, the petitioner has contended that she has purchased the land in Nanmangalam Village, Sholinganallur, Kancheepuram District, comprised in S. No. 296/2B2A bearing Plot Nos. 2 and 3, having a total extent of 3818 sq.ft., vide registered sale deed bearing Doc. No. 366 of 1989 on the file of the Sub Registrar, Pallavaram. Since then, she has been in continuous possession and enjoyment of the property. The abovesaid lands were under Tamilnadu Urban Land (Ceiling and Regulation) Act, 1978. At the time, of purchase, she was not aware, that the lands were covered under the Land Ceiling proceedings. However, the Government have issued G.O. No. 56 dated 21.02.2011, protecting the interests of the innocent buyers, and in so far as the petitioner's land, measuring an of 3818 sq.ft. in S. No. 296/2B2A, is concerned, the Government have determined the regularisation charges to be paid by the petitioner at Rs. 1,77,350/ -.

(2.) ACCORDINGLY , the petitioner has deposited the amount in Government account. Thereafter, she made a representation dated 26.09.2013, to the Tahsildar, Sholinganallur, Chennai, the 1st respondent, to issue patta in her favour. As the said representation remained unanswered, she has sought for a writ of mandamus, directing the 1st respondent to comply with G.O. No. 56 dated 21.2.2011 and also to comply with the letter sent by the 2nd respondent to the first respondent in Na. Ka. B/190 -2011 dated 19.5.2011 and to issue patta in her favour, pertaining to Survey No. 296/2B2A of an extent of 3818 sq.ft. in Nanmangalam Village Sholinganallur Kancheepuram District and also for a direction to the 1st respondent to Survey the lands comprised in Survey No. 296/2B2A of an extent of 3818 sq.ft. in Namangalam Village, Sholinganallur, Kancheepuram District with the help of a competent surveyor in Field measurements Village map and other relevant documents pertaining to that of Namangalam Village Sholinganallur and further direct them to mark the land laying corner stones and to file a report within a stipulated period and also for a further direction to the respondents to dispose of her representation dated 26.09.2013.

(3.) IT is the further case of the petitioner therein that subsequently, the Government have issued G.O. No. 174, ULC 1(2) Department dated 20.05.2011, directing the petitioner to pay a sum of Rs. 8,50,740/ -, as regularisation fee. He has remitted the said amount in Government Treasury, Tambaram on 06.07.2011. Thereafter, he made a representation on 15.09.2012 to grant patta in his name. But the request of the petitioner, for grant of patta has been turned down by the proceedings in R.C. No. 8404/2011/E2 dated 12.01.2012 by the Commissioner, Land Ceiling and Urban Land Department, Chennai 2, which has necessitated the petitioner to file the present writ of certiorarified mandamus, calling for the records in Na. Ka. No. 8404/2011/E2 dt. 12.1.2012 on the file of the 2nd respondent and to quash the said letter, as it is vitiated by an error on the face of the record and to issue a direction to the respondents to issue/transfer patta in respect of the petitioners land measuring 28 cents in Survey No. 93/1A situated in Kowl Bazar Village Alandur Sub Taluk, Tambaram Taluk, Kancheepuram District.