A.Subbamma v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.6336 of 2022 A.Subbamma

...Petitioner

Vs

1. The District Collector, O/o. District Collector, Chennai.

2. The Joint Administrative Manager, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai.

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to consider the representation dated 18.02.2022 in order to change the records in petitioner name instead of petitioner husband Aadhisesaiya of the house situated at Plot No.26, S.No.123/99, presently known as No.14A/69, Thurwapathi Amman Koil Street, 1st Street, Velachery, Chennai-600 042.

For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondents:

Mr.C.Jayaprakash (for R1) Government Advocate Ms.D.Latha (for R2)

O R D E R

Let the array of R2 be corrected to read Secretary, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai. 2.Mr.C.Jayaprakash, learned Government Advocate accepts notice for R1 and Ms.D.Latha, learned counsel accepts notice for R2.

https://hcservices.ecourts.gov.in/hcservices/

3.A representation has been filed by the petitioner on 18.02.2022 seeking change of name in the records relating to house situated at Plot No.26, S.No.123/99, presently No.14A/69, Thurwapathi Amman Koil Street, 1st Street, Velachery, Chennai-600 042 in her name instead of her husband Aadhisesaiya, who had passed away on 24.10.2012. 4.Admittedly, the petitioner is arrayed as a legal heir of the said Aadhisesaiya. However, as there, admittedly, are other legal heirs as well, procedures in regard to the allotment of the house would require a certificate of noobjection to be received from as well. 5.

For the aforesaid reasons, it would suffice that a direction be issued to R2 to consider the representation of the petitioner, hear all legal heirs as set out in the legal heir certificate of Aadhisesaiya, at page 45 of the compilation accompanying the affidavit and dispose the same expeditiously and in any event, within a period of eight (8) weeks from date of receipt of a copy of this order. 6.This writ petition is disposed as above. No costs. Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar vs To 1.The District Collector, O/o. District Collector, Chennai.

2.The Joint Administrative Manager, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai.

+1cc to Ms.D.Latha, Advocate SR. No.19791 +1cc to Government Pleader SR. No.20343 W.P. No.6336 of 2022 KK (CO) PR (04/04/2022) https://hcservices.ecourts.gov.in/hcservices/