Alice v. K.Veeraraghavan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024

CORAM

THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Mr. JUSTICE P.DHANABAL W.A. No.1352 of 2022 AND C.M.P. No.8642 of 2022 1.

Alice 2.

Jhon Samuel 3.

C. Joseph Israel 4.

C. Joshua Daniel .. Appellants vs.

1.

K. Veeraraghavan 2.

The Tamil Nadu Slum Clearance Board represented by its Managing Director 3.

The Estate Officer The Tamil Nadu Slum Clearance Board Estate Office No.VIII Sivalingapuram K.K. Nagar Chennai 600 078 4.

The Secretary to Government of Tamil Nadu Housing & Urban Development Department State of Tamil Nadu Secretariat Fort St. George Chennai 1/6

5.

The Assistant Secretary Law Department Tamil Nadu Slum Clearance Board 6.

The Chairman Tamil Nadu Slum Clearance Board 7.

K. Chandrabose (died) Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 22.03.2022 passed by the learned Single Judge in W.P.No.9006 of 2013. For appellants : Mr. S. Silambanan, Sr. Counsel for Mr. G. Ravisankar For R1 : Mr. R. Thiagarajan, Sr. Counsel for Mr. R. Anandha Babu For RR 2,3,5 & 6 : Mrs. G. Thilagavathy, Sr. Counsel assisted by Mr. S. Karthikeyan Standing counsel for TNUHDB/TNSCB For R4 : Mr. A. Selvendran Special Government Pleader R7 : Died

J U D G M E N T

(Delivered by S.S.SUNDAR, J.) This writ appeal is directed against the order dated 22.03.2022 passed by the learned Single Judge in W.P.No.9006 of 2013. 2/6

2. It is not in dispute that the Tamil Nadu Slum Clearance Board (in short "the Board") has received the entire sale consideration from the appellants as well as the 1st respondent.

3. During the pendency of this appeal, the appellants and the 1st respondent have recognised the right of the other. Today, the 1st respondent has filed an affidavit before this Court, stating that he is in possession and enjoyment of the property in plot No.2762-A and he has no objection for the Board to execute the sale deed in favour of Chandrabose, in respect of plot No.2762-B.

4. Since Chandrabose is no more, his legal representatives are the appellants, in whose favour the sale deed has to be executed, in respect of plot No.2762-B measuring an extent of 0.92.0 sq.mtrs. The Board has also reported no objection for the execution of sale deed in favour of the appellants, in respect of plot No.2762-B and in favour of the 1st respondent, in respect of plot No.2762-A. The 1st respondent will get a sale deed in respect of 0.96.0 sq.mtrs. and the appellant will get a sale deed in respect of 0.92.0 sq.mtrs. 3/6

5. Since the sale deed had already been executed in favour of the appellants in respect of 0.92.0 sq.mtrs., no further direction is necessary. As far as the 1st respondent is concerned, the Board is directed to execute a sale deed in respect of plot No.2762-A measuring an extent of 0.96.0 sq.mtrs. Therefore, the directions in paragraph 14 of the learned Single Judge's order is set aside. This writ appeal stands disposed of in the above terms. No costs. Connected C.M.P. stands closed.

[S.S.S.R.,J.] [P.D.B., J.] 11.12.2024 Index : Yes/No gya 4/6

To 1.

The Managing Director Tamil Nadu Slum Clearance Board 2.

The Estate Officer The Tamil Nadu Slum Clearance Board Estate Office No.VIII Sivalingapuram K.K. Nagar Chennai 600 078 3.

The Secretary to Government of Tamil Nadu Housing & Urban Development Department State of Tamil Nadu Secretariat Fort St. George Chennai 4.

The Assistant Secretary Law Department Tamil Nadu Slum Clearance Board 5.

The Chairman Tamil Nadu Slum Clearance Board 5/6

S.S.SUNDAR, J.

AND P.DHANABAL, J.

gya 11.12.2024 6/6