Madras High CourtWP/20292/2015disposed of

K.Mallika v. The Chairman

2015-07-08Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08-07-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.20292 of 2015 K.Mallika .. Petitioner vs 1.The Chairman Tamil Nadu Slum Clearance Board Estate Officer-2, Aringaranna Planplattinam 2 Jubile Building Kamarajar Salai Chennai 600 005 2.Padmavathy 3.N.Srinivasan 4.Lalitha 5.Usha Rani 6.Shanthi 7.Kalyani 8.Geetha .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to execute sale deed in favour of the petitioner in respect of the property situated at Plot No.108, measuring about 99 square meter in Sivalingapuram, K.K.Nagar, Chennai by considering the petitioner's representations dated 5.12.2011 and 18.4.2015. For Petitioner : Mr.R.Marudhachalamurthy For Respondent : Mr.B.Kesavan for R1

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner would state that Plot No.108, admeasuring to an extent of 99 square meter, situated in Sivalingapuram, K.K.Nagar, Chennai, was originally allotted to one K.Narayanarao, by the first respondent vide proceedings dated 17.4.1984, and subsequently, he sold the same in favour of the petitioner by way of an unregistered sale deed. The petitioner claims to be in peaceful possession and enjoyment of the same and thereafter, she moved the first respondent for re-allotment of the said plot in her favour and the Government has also issued an order in G.O.Ms.No.804, Housing and https://hcservices.ecourts.gov.in/hcservices/

Urban Development Department, dated 23.9.1996, ordering regularisation of such unauthorised transfers of Tamil Nadu Slum Clearance Board plots by original allottees prior to 31.3.1991. 3.The petitioner would further state that in this regard, she submitted a representation dated 5.12.2011, followed by a reminder dated 18.4.2015, and since no orders have been passed, came forward to file this writ petition.

4.Heard the submissions of the learned Counsel appearing for the petitioner, and Mr.B.Kesavan, learned Standing Counsel, who accepted notice on behalf of the first respondent. 5.Though the petitioner prayed for a larger relief, this Court, without going into the merits of the claim projected by the petitioner, directs the first respondent to consider and dispose of the petitioner's application dated 5.12.2011, as well as the reminder dated 18.4.2015, in accordance with law, after putting on notice, the respondents 2 to 8, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the private respondents. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar nsv To:

1.The Chairman Tamil Nadu Slum Clearance Board Estate Officer-2, Aringaranna Planplattinam 2 Jubile Building Kamarajar Salai Chennai 600 005.

1 cc to Mr.R.Marudhachalamurthy , Advocate Sr.No.34443 1 cc to Mr.B.Kesavan , Advocate Sr.No.34504 W.P.No.20292 of 2015 nm(co) pmk.22.7.2015 https://hcservices.ecourts.gov.in/hcservices/