Pachiyammal Kalidass v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Pachiyammal Kalidass ... Petitioner Vs.
1.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 005.
2.The Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India nd respondent to praying for issuance of Writ of Mandamus, directing the 2 execute a Sale Deed in respect of the land admeasuring about 600 sq.ft. bearing door No.72, Kalaivanar Colony, Anna Nagar West Extension, Chennai - 600 101, at Padi Village, comprised in S.No.253/15, Ambattur Taluk, situate within Page No.1 of 8
the registration district of Chennai Central, and Sub Registration district of nd respondent (Tamil Thiruvallur, which was allotted to the writ petition by the 2 Nadu Slum Clearance Board) vide the allotment order number S.M.N.10859/1995 E3, dated 01.04.1995 taking in consideration the petitioner's representation dated 17.10.2023.
For Petitioner : Mr.T.Mathi For Respondents : Mr.M.Rajendiran Additional Government Pleader [R1] Mr.Karthikeyan [R2] *****
ORDER
The petitioner has come up with this writ petition seeking a direction upon the 2 nd respondent to execute a sale deed in respect of the land admeasuring about 600 sq.ft. bearing door No.72, Kalaivanar Colony, Anna Nagar West Extension, Chennai - 600 101, at Padi Village, comprised in S.No.253/15, Ambattur Taluk, which was allotted to her by the 2 nd respondent, by considering her representation dated 17.10.2023 seeking execution of sale deed.
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2. The petitioner claims that she is the owner of the land admeasuring about 600 sq.ft. bearing door No.72, Kalaivanar Colony, Anna Nagar West Extension, Chennai - 600 101, at Padi Village, comprised in S.No.253/15, nd respondent to the petitioner, for Ambattur Taluk, which was allotted by the 2 nd respondent. The 2 nd which, she has paid necessary charges as claimed by the 2 respondent also issued NOC to the petitioner for obtaining electricity service nd connection and water connection and sewage connection from the 2 respondent. Even after payment of the entire amount, no sale deed was executed in favour of the petitioner. Therefore, the petitioner has filed the present writ petition before this Court for appropriate orders.
3. Though very many grounds have been raised in this writ petition, the learned counsel appearing for the petitioner submits that it would suffice, it this Court, issues a direction to the 2 nd respondent to verify whether the petitioner has paid the entire amount or not and thereafter, pass appropriate orders for execution of sale deed in favour of the petitioner, within a time frame that may Page No.3 of 8
be fixed by this Court.
4. The learned counsel appearing for the 2 nd respondent submitted that initially, without verifying the fact that the subject land is classified as water body, the 2 nd respondent has issued allotment order in respect of the subject land in favour of the petitioner. However, thereafter, the 2 nd respondent has realized that the said fact and hence, if a person is in occupation of the water body, the nd respondent has no power to execute a sale deed unless they get a clarification from the State Government or approval from the competent authority, thereby the 2 nd respondent did not execute any sale deed in favour of the petitioner. Accordingly, he prays for dismissal of this writ petition.
5. Heard both sides and perused the materials available on record.
6. Admittedly, the 2 nd respondent has issued an allotment order in favour of the petitioner in respect of the subject land. Subsequently, the 2 nd respondent came to know that the subject land is classified as water body and has not Page No.4 of 8
executed the sale deed in favour of the petitioner. It is pertinent to note that if a person is in occupation of the water body, the 2 nd respondent has no power to execute a sale deed, unless there is a clarification from the State Government or approval from the competent authority, even though an allotment order was issued in his favour. Therefore, the prayer sought by the petitioner cannot be granted.
7. However, it is made clear that if the 2 nd respondent decides to evict the petitioner from the subject land despite the allotment order issued by the 2 nd respondent, the said respondent shall consider for providing alternative allotment to the petitioner as per the letter dated 16.11.2023.
8. With the above observations and direction, this Writ Petition stands disposed of. No costs.
13.11.2025 Index : Yes / No Speaking order / Non-speaking order Page No.5 of 8
sp To 1.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 005.
2.The Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.
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M.DHANDAPANI, J.
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