Purchase by Father without knowing the ceiling - Settlement to Son - Son entitle to apply for regularaize under innocent purchaser.
Madras High Court
D.Sivaji vs The Principal Secretary To ... on 24 November, 2021
W.P.No.25134 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.25134 of 2021
D.Sivaji ... Petitioner
Vs
1. The Principal Secretary to Government
Revenue Department
Fort St. George
Chennai-600 009.
2. The Special Commissioner
Land Reforms Commissioner
Chepauk, Chennai-600 005.
3. The Principal Commissioner/Secretary
Urban Land Ceiling & Tax
Chepauk, Chennai-600 005.
4. The Asst. Commissioner
Urban Land Ceiling & Urban Land Tax
Madhavaram Zone-II, Vivek Nagar
Kolathur, Chennai-600 099. ... Respondents
The petitioner derived title over the subject property by way of settlement deed executed by his father dated 24.07.2019 registered vide document No.4834 of 2019. The said property was purchased by his father by a registered sale deed dated 31.08.1987 vide document No.3075 of 1987. However, the subject land was already acquired under the Urban Land Ceiling Act and as such, the petitioner submitted an application before the third respondent to consider the regularization of the sale deed purchased by his father, on the basis of G.O.Ms.No.565, Revenue Department, dated 26.09.2008 and subsequent G.Os..
4. Considering the above, the third respondent is directed to conduct enquiry on the representation of the petitioner dated 15.10.2020, after giving an opportunity of hearing to the petitioner and pass orders on merits and in accordance with law, on the basis of G.O.Ns.565, Revenue Department, dated 26.09.2008 and subsequent G.Os, within a period of twelve weeks from the date of receipt of a copy of this order.
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