K.Bakkiyammal v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE M. DHANDAPANI W.P.NO.9533 OF 2021 K.Bakkiyammal

...Petitioner

Vs.

1.The Managing Director, Tamilnadu Slum Clearance Board, Kamarajar Road, Chepauk, Chennai 600 005.

2.The Estate Officer, Estate Officer V, Tamilnadu Slum Clearance Board, T.P.Chatiram, Shenoy Nagar, Chennai.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to execute sale deed to in favour of the petitioner i.e., Mrs.Bakkiyammal W/o Kuppusamy for the property bearing A Block, No.1427/128, 24th Cross Street, T.P.Chatiram, Shenoy Nagar, Chennai 600 030 based on the petitioner's representation dated 10.02.2020 within time frame fixed by this Court.

For Petitioner :

Mr.M.Selvam For Respondents :

Mr.P.Sathish Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to execute sale deed in favour of the petitioner i.e., Mrs.Bakkiyammal W/o Kuppusamy for the property bearing A Block, No.1427/128, 24th Cross Street, T.P.Chatiram, Shenoy Nagar, Chennai 600 030 based on the petitioner's representation dated 10.02.2020 within time frame fixed by this Court.

2. The case of the petitioner is that the petitioner became the owner of the aforesaid property, and the same having been

allotted by the first respondent/Managing Director, by his proceedings in Na Ka No.27957/95/G3 in the year 1995. Since the petitioner has paid the entire instalments in the year 2018, she has requested the respondents to execute the sale deed in her favour. However, there was no response from the respondents. Thereafter, the petitioner had received Form T2 D dated 05.09.2018 issued by the first respondent. In the said form, the petitioner was directed to pay Rs.21,825/- as interest for delay in payments and Rs.1,000/- for Condition Relaxation Charge. Further, the said payment was also paid by the petitioner on 26.09.2018 and the same was acknowledged by the second respondent. Thereafter, the petitioner made representation dated 10.02.2020 before the first respondent, seeking to execute the sale deed in favour of the petitioner. As the said representation made by the petitioner has evoked no response from the respondents, the petitioner has filed the present Writ Petition.

3. The learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the first respondent to consider the petitioner's representation dated 10.02.2020 within a particular time frame that may be fixed by this Court.

4. Though the petitioner has filed the present Writ Petition in the year 2021, however, the counter affidavit is yet to be filed by the respondents.

5. Considering the limited relief sought for by the petitioner, and the fact that the petitioner has paid the entire installments and the last default installment was also paid on 26.09.2018. In view of the above, there shall be a direction to the first respondent to execute the sale deed, if the petitioner has paid the entire installments and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar jd/rap

To 1.The Managing Director, Tamilnadu Slum Clearance Board, Kamarajar Road, Chepauk, Chennai 600 005.

2.The Estate Officer, Estate Officer V, Tamilnadu Slum Clearance Board, T.P.Chatiram, Shenoy Nagar, Chennai.

+1cc to the Government Pleader, Sr.No.34573 W.P.No.9533 of 2021 SKM(CO) RVM(01/07/2022)