M.Josephine v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2019
CORAM
THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.4165 of 2019 and WMP.No.4669 of 2019 M.Josephine
...Petitioner
Vs.
1.The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai-600 005.
2.The Secretary cum Works Manager Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chennai-600 005.
3.The Administrative Engineer Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai-600 005.
4.The Estate Officer Estate Office No.3, Tamil Nadu Slum Clearance Board Thirumangalam, Chennai-600 040.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent herein to consider and pass orders on the petitioner's representation dated 29.01.2019 and subsequently, to execute the sale deed vide Plot bearing No.465, situated at Mahakavi Bharathi Nagar, Ambattur, Chennai-600 053, measuring an extent of 68.16 square meters in favour of the petitioner. For Petitioner :
Mr.N.Elumalai For Respondents :
Mr.B.S.Sundaramoorthi standing counsel
O R D E R Mr.B.S.Sundaramoorthi, learned standing counsel takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner seeks for a mandamus directing the 2nd respondent herein to consider her representation dated 29.01.2019, wherein and whereby, she sought for executing the sale deed for the Plot bearing No.465, situated at Mahakavi Bharathi Nagar, Ambattur, Chennai-600 053, measuring an extent of 68.16 square meters in her favour.
3. Heard both sides.
4. The grievance of the petitioner before this Court is that even though she has paid the entire cost for the plot bearing No.465, situated at Mahakavi Bharathi Nagar, Ambattur, Chennai600 053, measuring an extent of 68.16 square meters, the respondent-Tamil Nadu Slum Clearance Board is not coming forward to execute the sale deed.
5. Ventilating such grievance, the petitioner has already made a representation on 29.01.2019. 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 respondents 1 & 2 to consider the same. Thus, this writ petition is disposed of, only with a direction to the respondents 1 & 2 to dispose of the representation dated 29.01.2019 and pass orders on the same on merits and in accordance with law, after hearing all the parties concerned. Such exercise shall be done by the respondents 1 & 2 within a period of eight weeks from the date of receipt of a copy of this order. No costs.
Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk
To 1.The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai-600 005.
2.The Secretary cum Works Manager Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chennai-600 005.
3.The Administrative Engineer Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai-600 005.
4.The Estate Officer Estate Office No.3, Tamil Nadu Slum Clearance Board Thirumangalam, Chennai-600 040.
+1cc to Mr.N.Elumalai, Advocate, S.R.No.13155 +1cc to Mr.B.S.Sundaramoorthi, Advocate, S.R.No.13602 W.P.No.4165 of 2019 PM(CO) CS/08/03/2019