N.Vembuli v. The Principal Secretary / Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.2977 of 2022 N.Vembuli
...Petitioner
Vs 1.The Principal Secretary/Chairman, Tamil Nadu Slum Clearance Board, Government of Tamil Nadu, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.
3.Assistant Secretary (Plots), Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.
4.The Estate Officer VIII, 83rd Street, Sivalingapuram, K.K. Nagar, Chennai 78.
5.The Sub Registrar, Sub Registrar Office, Ashok Nagar, Chennai 78.
6.The Tahsildar, Mambalam Taluk, Bharathidasan Salai, Chennai 83.
7.Mr.Kamalakanan 8.Mrs.Malligai Rajam ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing 1 to 6 respondents to consider and thereby disposing the representation made by petitioner appeal filed on 14.10.2020 against petitioner representation dated 18.12.2018 and 21.12.2018 within a stipulated time frame fixed by this Court in accordance with law. For Petitioner : Mr.R.Rangarajan For Respondents-1 to 4 : Mr.M.Rajasekar For Respondent-5 : Mr.R.P.Murugan Raja For Respondent-6 : Mr.Vadivelu Deenadayalan, Additional Government Pleader.
O R D E R
Heard Mr.R.Rangarajan for the petitioner, Mr.M.Rajasekar for R-1 to 4/Tamil Nadu Slum Clearance Board, Mr.R.P.Murugan Raja for R-5/Sub Registrar and Mr.Vadivelu Deenadayalan for R6/Tahsildar. In light of the order passed in the paragraphs to follow, no notice is thought necessary to private respondents 7 and 8.
2. The petitioner seeks a Mandamus directing the official respondents to consider and dispose his representation/appeal filed on 14.10.2020 within a stipulated time frame.
3. In brief, the petitioner would claim that he had purchased the property at Door No.10A, Annal Gandhi Street, M.G.R Nagar, Chennai - 600 078 admeasuring an extent of 800 square feet (property/property in question) through registered Sale Deed dated 18.04.1988. The petitioner was in absolute possession of the property uninterruptedly till a portion of the said property was sold, he states.
4. Disputes arose between the petitioner and his neighbour, as a result of which the petitioner made a representation to R-1 seeking executing of the Sale Deed in his favour in respect of the property in question. R-2 replied stating that such representation would be considered only after receiving appropriate Government Order from the Government.
5. There was a delay in the interregnum and the petitioner suffered order dated 26.08.2019 rejecting the petitioner's
request for cancellation of allotment of the properties to the private respondents. This order was received by the petitioner on 30.09.2019.
6. Though a statutory appeal remedy is available, as against order dated 26.08.2019 received by the petitioner on 30.09.2019, the petitioner has chosen to file a Civil Suit before the IV Assistant City Civil Court in O.S.No.8437 of 2019 qua the private respondents here, who were arrayed as defendants in the suit. An application was filed by them seeking rejection of plaint in terms of Order 7 Rule 11 of Civil Procedure Code, that came to be allowed on 03.08.2020.
7. Immediately thereafter, the petitioner filed a representation on 14.10.2020 before the Tamil Nadu Slum Clearance Board and now seeks Mandamus, directing expeditious disposal of the same.
8. Two contentions are raised by the learned counsel for the respondents. Firstly, they contend that the representation cannot really be considered or adjudicated upon in the form in which it has been filed as an appeal is provided for before the Government in terms of Section 59 of Tamil Nadu Slum Clearance Board Act, 1971 which statutory remedy the petitioner has not availed. Secondly, if at all the representation may be construed as an appeal, there is a substantial delay in filing insofar as only 30 days is provided within which the order impugned is liable to be challenged which time has long elapsed in this case.
9. I would not make much of the issue of delay, as the petitioner has admittedly approached the Civil Court by way of suit proximate to the limitation provided for filing of an appeal under Section 59 of the Slum Clearance Board Act, 1971. That is, seeking relief as against order dated 26.08.2019, the suit had been filed on 08.11.2019.
10. The prayer in the suit was for a cancellation of the Sale Deed issued by the Slum Clearance Board to the private respondents. However, what is challenged, in effect, is order dated 26.08.2019 and it would, in my view, suffice for the petitioner to demonstrate that he has sought timely redressal as against the same.
11. With the dismissal of the suit on 03.08.2020, the petitioner has immediately made a representation on 14.10.2020, albeit before the erroneous authority.
12. Thus, while the petitioner has been vigilant in seeking redressal, he has display a knack for, in all instances approaching the wrong authority, first, by approaching the Civil
Court and second, by approaching the Slum Clearance Board instead of filing a statutory appeal before the Government.
13. In the light of the view expressed in the paragraphs supra, the petitioner is permitted to move an appeal challenging order dated 26.08.2019 and such appeal, if filed within a period of two weeks from today, will be taken on file by the Principal Secretary to the Government of Tamil Nadu without reference to limitation, petitioner and heard by the Officer in line with the principles of natural justice and orders passed within a period of eight weeks from receipt of appeal.
14. This Writ Petition is disposed as above. However, there shall be no order as to costs.
Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar Jeni/Svn To 1.The Principal Secretary/Chairman, Tamil Nadu Slum Clearance Board, Government of Tamil Nadu Chennai - 600 009.
2.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.
3.The Assistant Secretary (Plots), Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.
4.The Estate Officer VIII, 83rd Street, Sivalingapuram, K.K. Nagar, Chennai 78.
5.The Sub Registrar, Sub Registrar Office, Ashok Nagar, Chennai 78.
6.The Tahsildar, Mambalam Taluk, Bharathidasan Salai, Chennai 83.
+2cc to Mr.Rangarajan, Advocate SR.No.11442 +1cc to the Government Pleader, SR.No.11999 W.P.No.2977 of 2022 MG(CO) CB(04/04/2022)