← Library
Madras High CourtWP/22059/2012dismissed

K.Suguna, v. The Director,

2023-03-08Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Writ Petition No.22059 of 2012 and M.P.No.1 of 2012 K.Suguna

...Petitioner

-Vs1. The Director, Tamil Nadu Slum Clearance Board, Chennai-5.

2. The Estate Officer, Tamil Nadu Slum Clearance Board, No.1/1, Ibrahim Salai, Estate Officer, Chennai-1.

3. Mrs.Karpagam

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of declaration, declaring that the proceedings of the 1st respondent in Na.Ka.No.G1/9017/2007 dated 16.06.2007, allotting the Plot No.296, G.M.Pettai, Tamil Nadu Slum Clearance Board, Royapuram, Chennai-13 in favour of the petitioner is legally valid.

1/4

For Petitioner : Mr.A.Kalaiselvan For Respondents :

(for R1 & R2) : Mr.K.Indumathy Venkatesh (for R3) : Not ready in Notice

ORDER

The writ of declaration is filed to declare the proceedings of the first respondent dated 16.06.2007, allotting the Plot No.296, G.M.Pettai, Tamil Nadu Slum Clearance Board, Royapuram, Chennai-13 in favour of the petitioner is legally valid.

2.The petitioner states that the Tamil Nadu Slum Clearance Board allotted Plot No.296 at G.M.Pettai, in favour of the writ petitioner in a proceeding dated 16.06.2017. However, no sale deed was executed admittedly in favour of the writ petitioner. The petitioner has not stated whether any cancellation order has been passed cancelling the allotment order passed in the proceeding dated 16.06.2007. 3.The learned counsel appearing on behalf of the Slum Clearance Board made a submission that the allotment was not confirmed nor sale 2/4

deed was executed in favour of the writ petitioner. Thus, the petitioner may challenge the cancellation order if any is issued. 4.The learned counsel for the petitioner states that the petitioner has not received any information from the Tamil Nadu Slum Clearance Board. It is for the petitioner to approach the authorities competent to ascertain the facts as of now. If at all, the allotment order is in force, it is for her to initiate appropriate steps. Contrarily, the relief, as such sought to declare the allotment order as valid at this length of time, cannot be granted since the allotment order was passed in the year 2007 and almost 15 years has lapsed. Thus, the petitioner is not entitled for the relief as such sought in the present writ petition.

5.Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

08.03.2023 Index:Yes Speaking order sha 3/4

S.M.SUBRAMANIAM, J.

sha To

1. The Director, Tamil Nadu Slum Clearance Board, Chennai-5.

2. The Estate Officer, Tamil Nadu Slum Clearance Board, No.1/1, Ibrahim Salai, Estate Officer, Chennai-1.

Writ Petition No.22059 of 2012 08.03.2023 4/4