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Madras High CourtWP/19256/2020disposed of

Kalavathi v. The Managing Director,

2022-04-18Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.19256 OF 2020

1. Kalavathi

2. S.Balakrishnan

3. Mohana

4. S.Harikrishnan

5. S.Devarajan

6. S.Purushothaman

7. S.Govindaraj

8. Ramani

9. Kothanayagi

10. Perundevi ... Petitioners .Vs.

1. The Managing Director, The Tamil Nadu Slum Clearance Board (TNSCB), No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.

2. The Estate Officer - Estate Office - V, The Tamil Nadu Slum Clearance Board (TNSCB), T.P.Chatram, Chennai - 600 010.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider their representation dated 16.09.2020 for execution and registration of sale deed in favour of the petitioners (being the legal heirs of P.Sriramalu), in respect of the Plot NO.55, Door No.35, measuring to an extent of 1,800 sq.ft., at Sadasivam Street, Salaima Nagar (Salaicheri), Chennai - 600 007, within a time frame as may be fixed by this Hon'ble Court. For Petitioners :

Mr.C.P.Sivamohan For Respondents :

Mr.M.Rajasekhar (TNSCB)

O R D E R

The petitioners have filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to consider their representation dated 16.09.2020 for execution and registration of sale deed in favour of the petitioners (being the legal heirs of P.Sriramalu), in respect of the Plot No.55, Door No.35, measuring to an extent of 1,800 sq.ft., at Sadasivam Street, Salaima Nagar (Salaicheri), Chennai 600 007, within a time frame as may be fixed by this Court.

2. The case of the petitioners is that the property in respect of Plot No.55, Door No.35, measuring to an extent of 1,800 sq.ft., at Sadasivam Street, Salaima Nagar (Salaicheri), Chennai - 600 007 was allotted in favour of the petitioners father during the year 1994 and he also paid the entire dues to the Tamil Nadu Slum Clearance Board. Even thereafter the Tamil Nadu Slum Clearance Board did not execute sale deed in his favour. Whileso, the petitioners father died on 06.05.2004 and their mother died on 19.12.2019. Hence, the petitioners made representation dated 16.09.2020 to the respondents seeking execution and registration of sale deed in favour of the petitioners and since the same has not yet been considered has filed this writ petition.

3. The learned counsel appearing for the petitioner submitted that this Court may issue direction to the respondents to consider the petitioners representation dated 16.09.2020 and to pass appropriate orders, within a reasonable time frame.

4. Considering the limited relief sought for by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the respondents to consider the petitioners representation dated 16.09.2020 on merits and in accordance with law and to pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

5. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pri

To 1.

The Managing Director, The Tamil Nadu Slum Clearance Board (TNSCB), No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.

2.

The Estate Officer - Estate Office - V, The Tamil Nadu Slum Clearance Board (TNSCB), T.P.Chatram, Chennai - 600 010.

+2ccs to Mr.C.P.Sivamohan, Advocate, S.R.No.26493 W.P.NO.19256 OF 2020 GSM(CO) PBS/27/04/2022