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Madras High CourtWP/19706/2016disposed of

Smt.Menaka Thambiran v. The Secretary,

2016-06-13Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.06.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.19706/2016 Smt.Menaka Thambiran ..Petitioner Vs.

The Secretary Tamil Nadu Slum Clearance Board Chennai-5.

..Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 13.04.2016 within a stipulated period.

For Petitioner :

Mr.K.Rajasekaran For Respondent :

Mrs.D.Latha, Standing Counsel for Slum Clearance Board

ORDER

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

The petitioner would state that her mother [Late] Roopavathy, was allotted a vacant land bearing Plot No.245, Door No.24, Sivalingapuram, K.K.Nagar, Chennai, vide Allotment Order dated 07.03.1985 and her mother had paid the entire sale consideration and the petitioner's mother died intestate on 15.12.1999, leaving behind the petitioner and her brother, viz., E.Loganathan, who remained as a Bachelor and also died on 05.07.2010. According to the petitioner, after the demise of her mother, she became the absolute owner of the property and a registered Sale Deed dated 19.01.2016 bearing Document No.137/2016 was also executed by the Tamil Nadu Slum Clearance Board in her favour. The petitioner, to avail a housing loan, approached the Bank, who has pointed out that no resale of the property to be effected within ten years from the date of Sale Deed. In this regard, the petitioner submitted a representation dated 20.04.2016 in the form of Legal Notice to the respondent, praying for issuance of a No https://hcservices.ecourts.gov.in/hcservices/

Objection Certificate and since no orders are passed, she came forward to file this writ petition.

Heard the learned counsel for the petitioner and Mrs.D.Latha, learned Standing Counsel for the respondent / Board.

This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the respondent to consider and dispose of the petitioner's representation in the form of Legal Notice dated 20.04.2016 on merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of with the above direction. No costs.

AP Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Secretary, Tamil Nadu Slum Clearance Board, Chennai-5.

+ 1 cc to Mrs.D.Latha, Advocate Sr 31628 + 1 cc to Mr.K.Rajasekaran, Advocate Sr 31515 KR/1/7/16 W.P.No.19706 of 2016 https://hcservices.ecourts.gov.in/hcservices/