V.Duraisamy v. Tamil Nadu Urban Habitat Development Board (Tnudb)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.Duraisamy
...Petitioner
Vs.
1.
The Tamil Nadu Urban Habitat Development Board (TNUDB), Rep. by its Managing Director, No.5, Kamarajar Salai, Chennai - 600 005.
2.
The Assistant Secretary (Plots), Tamil Nadu Urban Habitat Development Board (TNUBD), No.5, Kamarajar Salai, Chennai - 600 005.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.12.2022 and pass orders in accordance with law.
For Petitioner : Mr.S.Raveendhren For Respondents : Mr.G.Venkatesan, 1/6
Standing Counsel
O R D E R
The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 15.12.2022 and pass orders on the same.
2. Mr.G.Venkatesan, learned Standing Counsel takes notice for the respondents. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner purchased the Plot bearing No.1565, measuring an extent of 122 sq.mts., situated at Door No.21, Periyar Street, MGR Nagar Scheme, Kodambakkam Village, Mambalam Taluk, Chennai-600 078, vide registered Sale Deed bearing Doc.No.803 of 2019 dated 11.03.2019. Pursuant to the said purchase, the petitioner made an application dated 11.07.2022 before the jurisdictional Tahsildar, seeking transfer of patta to his name. On receipt of the said application, after field verification, the Tahsildar, vide letter dated 18.10.2022 informed that the Block number and Town Survey Number of 2/6
the subject property has been wrongly mentioned and the mutation can be effected in favour of the petitioner only after rectification of the above said error. Therefore, the petitioner sent a representation dated 15.12.2022 to the respondents seeking to execute the rectification deed in favour of the petitioner. However, till date no orders have been passed on the said representation. Hence, this Writ Petition.
4. Though very many grounds have been raised, learned counsel for the petitioner submits that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 15.12.2022 and pass orders on the same as early as possible.
5. Learned Standing Counsel has no objection for the said order being passed and he fairly conceded that the petitioner's representation dated 15.12.2022 will be considered and appropriate orders will be passed within the time stipulated by this Court.
6. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the respondents to 3/6
consider the petitioner's representation dated 15.12.2022 on merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.
7. This Writ petition is accordingly disposed of. No costs. 09.03.2023 skt Speaking Order : Yes/ No Index : Yes/ No To:
1.
The Managing Director, Tamil Nadu Urban Habitat Development Board (TNUDB), No.5, Kamarajar Salai, Chennai - 600 005.
2.
The Assistant Secretary (Plots), 4/6
Tamil Nadu Urban Habitat Development Board (TNUBD), No.5, Kamarajar Salai, Chennai - 600 005.
M.DHANDAPANI, J.
skt 5/6
09.03.2023 6/6