High Court Madras High Court

P.Thangavel vs The District Registrar on 22 September, 2010

Madras High Court
P.Thangavel vs The District Registrar on 22 September, 2010
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 22/09/2010

CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN

Writ Petition(MD)No.10386 of 2010

P.Thangavel						.. Petitioner

Versus

1.The District Registrar,
  District Collectorate Office,
  Thanthonimalai, Karur.

2.The Sub Registrar,
  Melakarur Sub Registrar Office,
  Karur.						.. Respondents

Prayer

Petition filed under Article 226 of the Constitution of India, praying
for the issuance of a Writ of Mandamus, directing the respondents herein to
rectify the guideline value fixed in respect of the lands in Survey No.619/2,
Thanthoni Village, Karur District and also fix the guideline value of the lands
in Survey No.621/1A and Survey No.621/1B, Thanthoni Village, Karur, in
accordance with the value of the lands in Survey No.619/1, Thanthoni Village,
Karur.

!For petitioner	... Mr.AR.L.Sundaresan
		    Senior Counsel
^For respondents... Mr.R.Manoharan
		    Government Advocate

:ORDER

This writ petition has been filed, praying for a Writ of Mandamus,
directing the respondents to rectify the guideline value fixed in respect of the
lands, in Survey No.619/2, Thanthoni Village, Karur District, and also to fix
the guideline value of the lands, in Survey No.621/1A and Survey No.621/1B,
Thanthoni Village, Karur, in accordance with the value of the lands, in Survey
No.619/1, Thanthoni Village, Karur.

2. Heard Mr.AR.L.Sundaresan, the learned Senior Counsel appearing on
behalf of the petitioner, as well as Mr.R.Manoharan, the learned Government
Advocate appearing on behalf of the respondents.

3. The learned Senior Counsel appearing on behalf of the petitioner had
submitted that it would suffice, if the respondents are directed to fix the
guideline value for the lands in Survey Nos.621/1A and 621/1B, Thanthoni
Village, Karur, as per the statements made in ‘paragraph 9’ of the counter
affidavit filed on behalf of the second respondent. Paragraph 9 of the counter
affidavit reads as follows:

“9. It is submitted that hence the present guideline value for lands has
been decided on the basis of utility nature of land. Following this, SF.No.619/1
comes under the category “Residential Area – Most Backward Class – Rs.31/S.F.
(Rs.355/-S.Meter) and S.F.No.619/2 comes under the category “Residential Area –
Class I” – Rs.257/S.ft. (Rs.2,765/S.meter). Whereas S.F.No.621/1A comes under
the category Punjai – Rained – Class I Rs.5/Sq.ft (Rs.55/S.meter)
(Rs.4,64,500/Hectare) and S.F.No.621/1B comes under the category Punjai – Well
Irrigation Class I – Rs.5/Sq.ft. (Rs.55/S.meter) (Rs.5,19,000/Hectare).”

4. Accordingly, the guideline value has been fixed for the lands in
question, in S.F.No.621/1A, as per the approval of the District Committee, as
Rs.5/Square ft., equivalent to Rs.4,64,500/Hectare, and for the land, in
S.F.No.621/1B it has been fixed as Rs.5/Square ft., which amounts to
Rs.5,15,000/Hectare.

5. In view of the statements made in the counter affidavit filed on behalf
of the second respondent, the respondents are directed to follow the guideline
value, as stated above, in respect of the lands in Survey Nos.621/1A and 621/1B
Thanthoni Village, Karur.

6. Accordingly, the writ petition is disposed of, with the above
directions. No costs.

srm

To

1.The District Registrar,
District Collectorate Office,
Thanthonimalai, Karur.

2.The Sub Registrar,
Melakarur Sub Registrar Office,
Karur.