2025 Supreme(Online)(Mad) 73971
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
I.Ezhilarasan – Appellant
Versus
The State of Tamil Nadu – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.10.2025 CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.M.P.No.25744 of 2019 I.Eahilarasan ...Petitioner -Vs-
1. The State of Tamil Nadu, Rep. By Additional Chief Secretary to Government.
Revnue and Disaster Management Department, ULC Wing, ULC[1(2)] Section, Secretariat, Fort St. George, Chennai – 9.
2. The Principal Secretary to Government, Revenue Department, Fort St. George, Chennai.
3. The Principal Secretary, Urban and Housing Department, Fort St. George, Chennai.
4. The Chairman, Tamil Nadu Slum Clearance Board, Chennai.
5. The Commissioner, Urban Land Ceiling & Urban Land Tax Department, Ezhilagam, Chepauk, Chennai.
6. The Assistant Commissioner, Urban Land Ceiling & Urban Land Tax Department, Tambaram, Karuneegar Street, Adambakkam, Chennai – 88.
7. The Tahsildar, Tambaram Taluk, Kancheepuram District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records of the first respondent ending with Letter No.9419/ULC-I(2)/2019-4 dated 10.07.2019 and quash the same and consequently direct the first respondent to regularize the purchase of land being plot No.4 in S.No.412/2, situate in S.No.167, New No.28, Perungalathur Village, Meera Nagar, Lay out near Venkateswara Nagar, measuring 2,400/- Sq.ft., as sought vide application dated 31.12.2010.
For Petitioner : Mr.N.A.Nissar Ahmed, Senior Counsel For Mr.N.A.Nissir Hussain For Respondents For R1 to R3 : Mr.N.Naveen Kumar Government Advocate For R4 : Mrs.G.Thilagavathi, Senior Counsel For Mr.G.Venkatesh Standing Counsel
ORDER
This writ petition has been filed challenging the order passed by the first respondent dated 10.07.2019, thereby rejecting the request made by the petitioner seeking relief under G.O.(Ms)No.565 Revenue Department dated 26.09.2008, innocent buyer’s scheme.
2. The petitioner purchased a property bearing plot No.4 to an extent of 2400 sq.ft., situated at No.167, New No.28, Perungalathur Village, Meera Nagar Layout near Venkateswara Nagar, by the registered sale deed dated 27.07.2006 vide document No.4339 of 2006. The petitioner had purchased the said property on bonafide belief that the petitioner’s vendor had valid title over the said property. Thereafter, the petitioner came to understand that the subject property and a large extent had been hit by the provisions of Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978 (hereinafter referred to as “the Act”). Further, the final notification under Section 11 of the Act was published in the government gazette on 21.02.1990 and the same was served to the respective land owners on 29.05.1992 as contemplated under Section 12(7) of the Act. Subsequently, the Act itself was repealed on 16.06.1999 by the Act 20 of 1999. Pursuant to the same, the government passed an order in G.O.Ms.No.565 Revenue Department dated 26.09.2008 to protect the innocent purchasers/buyer of the lands hit by the provisions of the Act, by regularizing the purchase of land on payment of amount fixed in the government order. Therefore, the petitioner submitted representation to consider his case under the innocent purchaser scheme and the same was rejected by the impugned proceedings. Hence, this Writ Petition.
3. The learned Senior Counsel appearing for the petitioner submitted that the petitioner is in possession of the subject property. Symbolic possession has been taken over and the subject land is lying vacant. Similarly placed persons, who were already purchased land in the very same survey number, approached this Court and the same were considered. The subject land in this Writ Petition is also situated in the very same survey number but the claim of the petitioner was rejected.
4. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
5. On perusal of the counter filed by the sixth respondent, it is revealed that one Chandala Veerabadhra Rao