G.Alamelu v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2020

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.4605 of 2020 G.Alamelu

...Petitioner

vs The Executive Engineer, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the respondent to consider and dispose of the petitioner's representation dated 30.09.2019 on merits. For Petitioner :

Mr.G.Thangaraju For Respondents :

Mr.R.Sivakumar Standing Counsel

O R D E R

The petitioner seeks for a Mandamus directing the respondent to consider and dispose of his representation dated 30.09.2019. 2.The case of the petitioner in short is as follows: The property bearing Plot No.233, Block No.23, T.S.No.118, Kodambakkam-Pudhur Scheme, Kodambakkam village, Mambalam-Guindy Taluk, Chennai District measuring 94 sq.mtr was allotted by the respondent Board to the petitioner's husband through allotment letter dated 06.11.1988. Pursuant to such allotment, a sale deed was executed on 03.02.2014 in the joint name of the petitioner and her husband and registered before the Sub Registrar of Ashok Nagar in Document No.452 of 2014. Her husband passed away on 24.12.2016. According to the petitioner, the property allotted to the petitioner and her husband though referred to as 94 sq.mtr in the allotment order, in the https://hcservices.ecourts.gov.in/hcservices/

allotment order, the sale deed executed referred to only 88.22 sq.mtr as the extent. Therefore, the petitioner seeks for rectification of the measurement. Ventilating such grievance, the petitioner made his representation.

3.Heard both sides.

4. This Court, at this stage is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondent Board to consider and decide. Therefore, this writ petition is disposed of, only with a direction to the respondent consider the representation of the petitioner dated 30.09.2019 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vri To The Executive Engineer, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.

+1cc to Mr.C.Thangaraju, Advocate, S.R.No.22034 W.P.No.4605 of 2020 PP(CO) RN(04/06/2020) https://hcservices.ecourts.gov.in/hcservices/