S.Arul Mary v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:30.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.7590 of 2013 S.Arul Mary ..Petitioner vs.

1.

The Managing Director Tamil Nadu Slum Clearance Board Kamarajar Salai Chennai 600 005.

2.

Estate Officer Estate Office-03 Tamil Nadu Slum Clearance Board Thirumangalam Commercial Complex Chennai 600 040.

.. Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying to issue a writ of mandamus, to direct the respondents to consider the petitioner's representation dated 11.02.2013 to arrange for execution of the sale deed without further delay in his favour in respect of the land measuring 2.5 cents comprised in Survey No.285/Part, Periya Thangal, Nerkundram Village, Ambattur Taluk, Thiruvallur District. For Petitioner : Mr.S.B.Suresh Kumar for M/s.Brichg Sun Law Asso.

For Respondents: Mr.S.Prabhu

ORDER

Heard the learned counsels appearing on behalf of the petitioner, as well as the respondents.

2.This writ petition has been filed praying that this Court may be pleased to issue a WRIT OF MANDAMUS, directing the respondents, to consider and pass orders on the representation submitted by the petitioner, dated 11.02.2013.

3.Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing for the petitioner has submitted that it would suffice, if the second respondent is directed to dispose of the petitioner's representation, dated 11.02.2013, on merits and in accordance with law, within a specified period. 4.The learned counsel appearing on behalf of the respondents has no objection for such an order being passed by this Court.

5.In view of the submissions made by the learned counsels appearing on either side, the second respondent is directed to consider the petitioner's representation, dated 11.02.2013, and pass appropriate orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as to the other persons concerned, if any. The petitioner is directed to furnish a copy of the representation, dated 11.02.2013, to the second respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.

6.The writ petition is disposed of, with the above direction. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vj2 To 1.

The Managing Director Tamil Nadu Slum Clearance Board Kamarajar Salai Chennai 600 005.

2.

Estate Officer Estate Office-03 Tamil Nadu Slum Clearance Board Thirumangalam Commercial Complex Chennai 600 040.

+1 cc to Mr.S.Prabhu Advocate sr.37005/16 +1 cc to M/s.Bright Sun Law Associates sr.36787/16 W.P.No.7590 of 2013 aa21/07/2016