C.Komala v. The Tamil Nadu Slum Clearance Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P. Nos. 15817, 15818 & 15819 of 2020 Mrs. C. Komala,

...Petitioner in WP.15818/2020

Mrs. Sumathi

...Petitioner in WP.15818/2020

Mrs. Rani

...Petitioner in W.P.15819/2020

Vs

1. The Tamil Nadu Slum Clearance Board, Rep by its Managing Director, Kamaraj Salai, Chennai - 600 005

2. The Estate Officer, Estate Officer III, The Tamil Nadu Slum Clearance Board, Chennai - 600 040

...Respondents in all WPs

Prayer in W.P.No.15817 of 2020:

Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the first respondent to execute a sale deed with respect to Plot Nos.215 & 216, Old Door No.3, New Door No.5, 6th Nethaji street, Annai satya Nagar, Thirumullaivoyal, Chennai 600 062 in favour of the petitioner.

Prayer in W.P.No.15818 of 2020:

Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the first respondent to execute a sale deed with respect to Plot Nos.431 & 432, Old Door No.14, New Door No.64, Bharthiyar street, New Anna Nagar, Thirumullaivoyal, Chennai 600 062 in favour of the petitioner.

Prayer in W.P.No.15819 of 2020:

Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the first respondent to execute a sale deed with respect to Plot Nos.310 & 311, Old Door No.18, New Door No.8, Thiruppur Kumaran 4th Cross Street, Annai Satya Nagar, Thirumullaivoyal, Chennai 600 062 in favour of the petitioner.

For Petitioners :

Mr. A. Selvendran in all the Writ Petitions For Respondents :

Mr. R. Sivakumar in all the Writ Petitions COMMON ORDER The relief sought for in these writ petitions is to issue a Writ of Mandamus directing the respondents to consider the petitioners' representations submitted to the 1st respondent for allotment of the Plots, which are in possession of the petitioners, situated in New Anna Nagar, Thanthai Periyar Nagar and Annai Sathya Nagar respectively in Thirumullaivoyal Village.

2. According to the petitioners, the Government issued G.O. Ms. No.370, Revenue Department dated 09.07.1990 allotting lands in Survey No.866/9 situate in New Anna Nagar, Thanthai Periyar Nagar and Annai Sathya Nagar in Thirumullaivoyal Village in favour of the first respondent so as to enable him to convert those lands and to allot the same to the people below the poverty line for their housing needs. Accordingly, the petitioners who are living in the said area for more than 25 years, were allotted the plots and they paid Rs.1904/-, Rs.500/- and Rs.500/- in respect of Plot Nos.212, 219 and 156 respectively during the year 1989. After such payment, the petitioners constructed houses and are living there. 3.

The grievance of the petitioners is that inspite of payment of the sale consideration for allotment of housing sites and even after putting up construction, the respondents did not execute the sale deed in their favour so as to enable them to assert a right, interest and title over the allotted sites. Therefore, they have filed the present writ petitions for the aforesaid relief.

4.

Today, when the matters were taken up for consideration, the learned counsel for the petitioners submitted that it would suffice, if the petitioners are permitted to submit a representation seeking to execute a sale deed along with a copy of this order and on receipt of the same, the respondents may be directed to consider the same and to pass appropriate order thereof.

5.

The learned standing counsel appearing for the respondents has no serious objection for granting such relief to the petitioners.

6.

Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel for

both sides, this Court directs the petitioners' to submit a representation enclosing the supportive documentary evidence to the first respondent within a period of two weeks from the date of receipt of a copy of this order. On making such representation, the first respondent shall consider the same and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order.

7.

With the above direction, the Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msr/rsh To

1. The Managing Director, Tamil Nadu Slum Clearance Board, Kamaraj Salai, Chennai - 600 005

2. The Estate Officer, Estate Officer III, The Tamil Nadu Slum Clearance Board, Chennai - 600 040 W.P.Nos.15817, 15818 & 15819 of 2020 SJ[co] NSK 11/10/2021