← Library
Madras High CourtWP/16422/2020dismissed

K.Udayakumar Jha v. The Chairman

2023-02-23Honourable Mr Justice C.V. Karthikeyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.16422 of 2020 and W.M.P.Nos.20430 & 20431 of 2020 K.Udhayakumar Jha .. Petitioner Vs.

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

2.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Road, Chepauk, Chennai - 600 005.

3.Sanjay Thakur ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the issue of the order in proceedings No.Na.Ka.No.E1/15005/2017 dated 20.05.2019 duly passed by the Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar

Road, Chepauk, Chennai - 600 005, the 2nd respondent therein and quash the same and direct the 1st and 2nd respondents to consider the issue on the basis of the documents available with them afresh and consequently extend allotment to the petitioner for the extent of 1075 sq.ft. comprised in Plot Nos.34 and 33, 8th street, Thyagi Sathyamoorthy Nagar, Thiruvottriyur, Chennai - 600 019.

For Petitioner .. Mr.D.Ashok Kumar For R1 & R2 .. Mr.S.Karthikeyan, Standing Counsel For R3 .. Mr.R.John Joseph for M/s.Giridhar & Sai

ORDER

This Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking interference with an order dated 20.05.2019 in Na.Ka.No.E1/15005/2017 issued by the Managing Director, the Tamil Nadu Slum Clearance Board / the 2nd respondent.

2.It is stated that the respondents should issue allotment on the basis of the available documents afresh and extend allotment to the petitioner to

an extent of 1075 sq.ft. in Plot Nos.33 and 34, 8th Street, Thyagi Sathyamoorthy Nagar, Thiruvottriyur, Chennai - 600 019. 3.The petitioner claims right consequent to purchase dated 07.04.1995 of plots measuring 1075 sq.ft in the aforementioned address, consequent to an unregistered and inadequately stamped sale deed executed by the 3rd respondent on 07.04.1995.

4.It is trite in law to point out that such a sale deed can neither grant title nor perfect title. The petitioner, however, claims that he is in possession as on date. The 3rd respondent who had so executed the sale deed had no title to convey such sale deed. He had been allotted the said plots by the 1st and 2nd respondents only on 13.03.1996. There were two plots namely, plot Nos.33 and 34. The 3rd respondent is now in possession in plot No.33. He had sold by the aforementioned document, plot No.34 to the petitioner herein.

5.The said sale, even if it is by way of an unregistered document and by an inadequately stamp document indicates that the 3rd respondent had

violated the terms of allotment, since no encumbrance can be made for any allotment for a period of 10 years. That is a condition inbuilt in any allotment by the respondents herein.

6.It is thus seen that neither does the petitioner has any right nor does the 3rd respondent has any right.

7.The 1st and 2nd respondents are directed to enquire into the issues and if the petitioner and the 3rd respondent have no legal right or title over the property, they are directed to take a decision regarding the allotment itself and even to cancel the said allotment of both the petitioner and the 3rd respondent.

8.Even though, the writ petitioner seeks a Certiorarified Mandamus, from a perusal of the records, it is seen that the petitioner and the 3rd respondent had entered into an unlawful agreement and such agreement cannot be countenanced by this Court. I hope that the 1st and 2nd respondents would discharge their duty as public servants and also ensure justification of the salary, which is paid to them out of the taxes paid by the common

people.

9.The possession of the petitioner is unlawful and the allotment of both Plot Nos.33 and 34 to the 3rd respondent is unlawful as on date. The 1st and 2nd respondents may pass necessary orders in that regard. 10.With the above observations, this Writ Petition stands dismissed. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. 23.02.2023 Index:Yes/No Internet:Yes/No smv To, 1.The Chairman Tamil Nadu Slum Clearance Board, No.5, Kamarajar Road, Chepauk, Chennai - 600 005.

2.The Managing Director,

Tamil Nadu Slum Clearance Board, No.5, Kamarajar Road, Chepauk, Chennai - 600 005 C.V.KARTHIKEYAN,J.

smv W.P.No.16422 of 2020 and W.M.P.Nos.20430 & 20431 of 2020

23.02.2023