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Madras High CourtWP/8994/2013disposed of

Mohammed Samiullah, v. The Chairman,

2016-10-24Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2016

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.8994 of 2013 Mohammed Samiullah .. Petitioner

Versus

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

2.The Revenue Officer, Tamil Nadu Slum Clearance Board, Madras-600 039.

3.Mr.Umar Farooq .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondent to consider and dispose the representation made by petitioner on 02.02.2013 thereby requesting the first and second respondents to register the sale deed in petitioner favour, based upon the document executed by the third respondent as treating the same as No objection to register in petitioner's name without demanding any further letter from him within a time frame.

For Petitioner : Mr.A.Lakshminarasimhan For RR1 & 2 : Mr.R.V.Babu For R3 : No appearance

O R D E R

Heard Mr.A.Lakshminarasimhan, learned counsel appearing for the petitioner and Mr.R.V.Babu, learned counsel appearing for the 1st and 2nd respondents.

2.The petitioner has filed the present Writ Petition seeking for a direction to dispose of his representation dated 02.02.2013, wherein he had requested the first and second respondent to register the Sale Deed in his favour based upon the document executed by the third respondent as treating the same as No Objection.

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3.Mr.R.V.Babu, learned counsel for the first and sencond respondent would submit that the petitioner is not the original alottee and hence, the claim made by him cannot be considered. 4.It is needless to point out that whatever explanation the respondent has to the representation, may be given in writing to the petitioner and need not keep the representation pending.

5.Hence, without going into the merits of the claim made by the petitioner, there shall be a direction to the first respondent to consider the petitioner's representation dated 02.02.2013 within a period of six weeks from the date of receipt of copy of this order and pass appropriate orders in accordance with law. 6.Accordingly, the Writ Petition is disposed of. No costs.

-sdAssistant Registrar /true copy/ Sub Assistant Registrar rm To 1.The Chairman, Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai-600 005.

2.The Revenue Officer, Tamil Nadu Slum Clearance Board, Madras-600 039.

+1 CC to Mr.A.Lakshminarasimhan Advocate SR.No.60418 W.P.No.8994 of 2013 co sk ns 12.11.16 https://hcservices.ecourts.gov.in/hcservices/