Tmt. Jaya v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.18172 OF 2021 AND W.M.P.NO.19398 OF 2021 Jaya ... Petitioner .Vs.
1. The Secretary, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.
2. The Estate Officer, Tamil Nadu Slum Clearance Board, Teynampet, Chennai - 600 018.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to provide the sketch of petitioner's plot No.51 of the Dhayalu Ammal Nagar, Phase-II, Periyarpathai, Chennai - 94. For Petitioner : Mr.V.Ramamurthy For Respondents : Ms.D.Latha
ORDER
Ms.D.Latha, learned counsel, takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.
2. It is the case of the petitioner that by the proceedings of the first respondent in Se.Mu.No.3359/951/E5 dated 21.02.1997, her husband Tarzan, was allotted a plot no.51 of Dayalu Nagar Phase II, Periyarpathai, Chennai - 94, on lease-cum-sale, upon payment of initial amount and after his death, the entire sale consideration was paid by his son
T.Mohan. Subsequently, upon production of the no objection letter received from all the legal heirs and after due enquiry, the said plot was transferred in the name of the petitioner and she has been living, along with her son T.Mohan, in the same, after putting up a house. When the things stood thus, the adjacent owner of tenement no.49 encroached a portion of the petitioner's property on the south west corner to an extent of 10 sq.meter, which raised a dispute and both the parties approached the civil court by filing separate suits, which ended against the petitioner, based on the documents produced by the respondent authorities. Therefore, the petitioner took steps to verify the veracity of the documents produced and in that process, she made a representation dated 10.11.2020 to the second respondent to furnish a copy of the revised sketch in respect of her plot no.51. However, no action was taken on the said representation, which compelled the petitioner to file this writ petition seeking appropriate direction to the respondents in this regard.
3. Today, when the matter was taken up for consideration, the learned counsel taking notice for the respondents submitted that the respondent authorities would provide a copy of the sketch to the petitioner, upon payment of the required charges by her.
4. The aforesaid submission made by the learned counsel for the respondents has been agreed by the learned counsel for the petitioner.
5. Recording the submissions so made by the learned counsel appearing for both sides, this court directs the petitioner to approach the authority concerned and pay the necessary charges, within a period of two weeks from the date of receipt of a copy of this order. On such payment, a copy of the sketch as required by the petitioner be furnished to her, within a period of two weeks thereafter.
6. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar mst
To
1. The Secretary, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.
2.
The Estate Officer, Tamil Nadu Slum Clearance Board, Teynampet, Chennai - 600 018.
+1cc to Ms.D.Latha, Advocate, S.R.No.45452 W.P.NO.18172 OF 2021 PMK(CO) PBS/11/10/2021