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Madras High CourtWP/6936/2023disposed of

K.Perumal v. The Tamilnadu Slum Clearance Board

2023-03-06Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2023

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI K.Perumal . . . Petitioner vs.

1. The Tamil Nadu Slum Clearance Board, Rep by its Managing Director, Kamaraj Salai, Chennai-600 005.

2. The Estate Officer, Estate Officer III, Tamil Nadu Slum Clearance Board, Chennai-600 040 . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus or any other appropriate Writ, Order or Direction in the nature of a Writ of Mandamus directing the 1st respondent to execute a sale deed with respect to Plot No.69 & 70, New Anna Nagar, Thirumulaivoyal, Chennai-600 062 in favour of the Petitioner. 1/6

For Petitioner : Ms.V.Revathy for Mr.L.Jaivenkatesh For Respondents : Mr.S.Karthikeyan, Standing Counsel for TNSCB

ORDER

This Writ Petition has been filed seeking a direction to the 1st respondent to execute a sale deed with respect to Plot No.69 & 70, New Anna Nagar, Thirumulaivoyal, Chennai-600 062 in favour of the petitioner.

2. Mr.S.Karthikeyan, learned standing counsel for TNSCB takes notice for respondents 1 & 2.

3. It is the case of the petitioner that he was allotted with Plots in S.No.866/9 by the 1st respondent based on the G.O.Ms.No.370, Revenue Department dated 09.07.1990, which is presently re-assigned as Plot Nos.69 & 70 on payment of allotment fee by the petitioner. Though the said plots were allotted to the petitioner, however, sale deed was not executed in favour of the petitioner with respect to the above said plots. Therefore, the 2/6

petitioner made a representation dated 23.12.2022 seeking to execute the sale deed with respect to Plot Nos.69 & 70 in favour of the petitioner. However, despite the payment of necessary charges by the petitioner, no action has been taken on the said representation. Hence, the petitioner has come up with the present Writ Petition.

4. Learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent to consider the representation dated 23.12.2022 made by the petitioner and pass appropriate orders on the same in accordance with law, within the time that may be stipulated by this Court.

5. On the above contention, this Court heard the learned standing counsel appearing on behalf of the respondents.

6. In view of the limited sought for by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the 1st respondent herein to consider the representation dated 3/6

23.12.2022 made by the petitioner seeking execution of the sale deed in his favour with respect to the above plot numbers and pass appropriate orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. This writ petition is disposed of with the aforesaid direction. There shall be no order as to costs.

06.03.2023 NHS Index : Yes / No Internet : Yes / No To

1. The Managing Director, Tamil Nadu Slum Clearance Board, Kamaraj Salai, Chennai-600 005.

2. The Estate Officer, Estate Officer III, Tamil Nadu Slum Clearance Board, Chennai-600 040 4/6

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M.DHANDAPANI, J.

NHS 06.03.2023 6/6