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Madras High CourtWP/8909/2014disposed of

Tmt. Ganga Bai v. The Chairman

2015-03-23Honourable Mr Justice M. Venugopal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23-03-2015

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL WRIT PETITION No.8909 of 2014 1.Ganga Bai 2.R.Selvaraj 3.R.Soundaraj 4.R.Gangadharan 5.R.Narayanan @ Ravi .. Petitioners vs The Chairman Tamil Nadu Slum Clearance Board Chennai 600 005 .. Respondent Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent to dispose of the representation dated 20.1.2014, submitted by the petitioners for the execution of the sale deed in respect of the house plot bearing No.103, vide allotment order dated September, 1983 by proceeding No.127/2/81 issued by the respondent. For Petitioner : Mr.L.Dhamodaran For Respondent : Mr.B.Kesavan Standing Counsel for TNSCB

ORDER

According to the petitioners, they are the co-owners of the house plot bearing No.103, allotted by the respondent/Slum Clearance Board. In fact, the said house plot was originally allotted in favour of one Rangaiah Naidu by means of an allotment order dated 27.9.1983, as per proceedings No.127/2/81. The said Rangaiah had put up construction and resided in the said property. However, he died intestate on 21.9.1990, leaving behind the following persons as his surviving legal heirs.

(1) Tmt. Gangabai

(2) Thiru R.Selvaraj

(3) Thiru R.Soundarraj

(4) Thiru R.Gangadharan

(5) Tmt. Renuka

(6) Thiru R.Kumar

(7) Thiru R.Ravi https://hcservices.ecourts.gov.in/hcservices/ 2.The stand of the petitioners is that the instalment dues payable to the respondent/Slum Clearance Board, was duly paid and

they made several oral representations to the respondent in regard to the execution of the sale deed in their favour. However, it had not met with any positive response. Hence, they have projected a representation dated 20.1.2014, addressed to the Chairman of the respondent/Slum Clearance Board.

3.In view of the limited relief sought for by the petitioners in their representation dated 20.1.2014, namely that the respondent may do the needful and execute the sale deed at the earliest, at this stage, this Court, simpliciter, without going into the merits and demerits of the representation so made and also not expressing any opinion one way or other in the subject matter in issue, directs the respondent/Slum Clearance Board to look into the representation of the petitioners dated 20.1.2014, in a just, fair and in an equitable manner and to dispose of the same by passing a reasoned speaking order on merits (of-course, after providing due opportunity to the petitioners and others concerned by following the principles of natural justice in a true letter and spirit) within a period of six weeks from the date of receipt of a copy of this order.

4.With the aforesaid observations and directions, the writ petition stands disposed of. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar nsv To:

The Chairman Tamil Nadu Slum Clearance Board Chennai 600 005 1 cc to Mr.L. Dhamodaran, Advocate, Sr. 16208 W.P.No.8909 of 2014 CTK (CO) kk 8/4 https://hcservices.ecourts.gov.in/hcservices/