J.Letchumanan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2022 CORAM :
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Writ Petition No.35441 of 2004 & W.M.P.No.31700, 2725 of 2005
1. J.Letchumanan
...Petitioner
-Vs1. The Chairman Tamil Nadu Slum Clearance Board, Kamaraj Salai, Chennai-600 005
2. The Managing Director Tamil Nadu Slum Clearance Board, Kamaraj Salai Chennai-600 005
3. J.Dhatchayani (R3 impleaded as per the order dated 15.03.2005 in W.M.P.No.2725 of 2005)
4. Child Development Scheme Officer, Scheme No.4, 32, Aziz Mulk Third Street, Greams Road, Thousand Light, Chennai - 6.
(R4 Impleaded as per order dated 05.02.2007 in W.P.M.P. No.31700 of 2005 in W.P.No.35441 of 2004 ) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to allot the Plot No.20, New Door No.14 and Old Door No.12/2 Vasugi Street, Thiruvalluvar Nagar, Arumbakkam, Chennai - 600 106 or any pat of it, which is in possession, enjoyment and occupation of the petitioner herein for more than 35 years, to the petitioner himself and consequently to sell the same to him, as has been done so in respect of a lane adjacent to Plot Nos.19 and 20, which was sold in favour of the owner of the Plot No.19, taking into
consideration, G.O.M.S.No. 804, of Housing and Urban Development Department, dated 23.04.1993.
For Petitioner : T.Mathi For Respondents : Mr. R.V.Babu for R1 and 2 Mr.E.J.Ayyappan for R3
O R D E R
The petitioner is an occupier of a plot belonging to the respondents/Tamil Nadu Slum Clearance Board. The petitioner has been in occupation for the past 52 years and considering the same the 2nd respondent sent a proposal to allot the same in favour of the petitioner, subject to payment of the guideline value of the plot.
2. When the matter is taken up for hearing the learned counsel appearing for the petitioner would submit that they will immediately deposit the amount, if appropriate orders are passed.
3. The learned counsel appearing for the respondents 1 and 2 also would concur and submit that if the petitioner pays the guideline value, the respondents are willing to allot the plot in favour of the petitioner and execute appropriate deed for the same.
4. Now that the communication of the Sub-Registrar Arumbakkam to the 2nd respondent is produced before this Court. The communication in Na.Ka.no.232/2021 dated 04.10.2021 discloses the guideline value as 2680/- per sq.ft for the properties lying in Vasugi Street, where the property situates.
5. Considering the same the respondents are directed to pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order and take further action.
6. With the above observation, the Writ petition is ordered. There shall be order as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
sha/kpr To
1. The Chairman Tamil Nadu Slum Clearance Board, Kamaraj Salai, Chennai-600 005
2. The Managing Director, Tamil Nadu Slum Clearance Board, Kamaraj Salai Chennai-600 005
3. The Child Development Scheme Officer, Scheme No.4, 32, Aziz Mulk Third Street, Greams Road, Thousand Light, Chennai.
+2ccs to T.Mathi, Advocate, S.R.No.23133 +1cc to Mr. R.V.Babu, Advocate, S.R.No.23500 Writ Petition No.35441 of 2004 SPD[co] NSK 04/05/2022