K.Kiliammal, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.5315 of 2013 K.Kiliammal ... Petitioner Vs.

1.The Chairman, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.

2.The Estate Officer, Tamil Nadu Slum Clearance Board, No.6, T.P.Chatram, Chennai - 600 010.

3.The Commissioner, Corporation of Chennai, Chennai - 600 003. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent herein to execute a Sale Deed in the name of the petitioner for Plot No.53, Door No.34, 18th Cross Street, Venkatasamypuram, Shenoy Nagar, Chennai - 600 030. For Petitioner : Mr.V.Jayaprakash For Respondents 1 & 2 : Mr.S.Prabhu Standing Counsel for Slum Board For 3rd respondent : Mr.S.Saravanan Standing Counsel for Corporation

O R D E R

The petitioner's husband allotted Plot No.53, Door No.34, 18th Cross Street, Venkatasamypuram, Shenoy Nagar, Chennai - 600 030 at Venkatasamypuram Scheme, to an extent of 0-75-0 sq.metres, on 31.5.1984. When the petitioner's husband died on 21.6.1997, the first respondent had re-allotted the said plot in favour of the petitioner herein through an order dated 2.9.2003.

Pursuant to the re-allotment, the petitioner has been making several representations to the respondents for executing a sale deed in her favour.

2. Today, when the matter was listed in identically placed cases of few allottees, viz., in W.P.Nos.34186 to 34190 of 2012 , the following order was passed.

"4. Under such circumstances, the third respondent is directed to take steps at the earliest to ensure that the subject lands are transferred to the Tamil Nadu Slum Clearance Board which exercise should be completed within a period of 3 months from the date of receipt of a copy of this order.

5. On such transfer being made from the Corporation to the Tamil Nadu Slum Clearance Board, the latter, in turn, expedite the execution of the sale deed in favour of the petitioner, which process should be completed within a period of 12 weeks from the date on which the lands from the Corporation of Chennai is transferred to them."

3. The petitioner also belongs to an allottee under the aforesaid scheme. In view of the above order passed in the connected Writ Petitions, there may not be any impediment on the part of the second respondent in considering the petitioner's request since there is a direction to the third respondent to handover the lands to the Tamil Nadu Slum Clearance Board.

4. Under such circumstances, the petitioner is directed to make a fresh representation to the first respondent and on receipt of such representation, the first respondent shall consider the same and execute the sale deed, if it is otherwise in order, within a period of 12 weeks from the date on which the lands from the Corporation of Chennai is transferred to them.

5. With the above observation, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

asvm Copy to:

1.The Chairman, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.

2.The Estate Officer, No.6.T.P.Chatram, Tamil Nadu Slum Clearance Board, Chennai - 600010.

3.The Commissioner, Corporation of Chennai, Chennai - 600 003.

+1cc to M/S.S.Saravanan, Advocate Sr.67807 +1cc to M/S.V.Jayaprakash, Advocate Sr.67008 +1cc to M/S.S.Prabhu, Advocate Sr.68529 W.P.No.5315 of 2013 gm I[co] srg 26/12/2016