Y.Shanthi v. M.Govinda Rao,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Y.Shanthi, Plot No.57, Door No.70, Natal Garden Street, Perambur, Chennai 600 011 ... Petitioner vs.
1.
M.Govinda Rao, Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.
2.
Hitesh Kumar S.Makwana Secretary/Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepuak, Chennai 600 005.
3.
Venkatapathy, Estate Officer, Tamil Nadu Slum Clearance Board, Vysarpadi, Chennai 600 039.
... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the Respondents for their wilful disobedience of the order dated 09.12.2020 passed by this Court in W.P.No.14019 of 2020. For Petitioner :
M/s.R.Manickavel For Respondents :
Ms.Latha, Standing Counsel Page No.1 of 3
O R D E R
Petitioner has come up with the above Contempt Petition praying to punish the Respondents for wilful disobedience of the order dated 09.12.2020 passed by this Court in W.P.No.14019 of 2020. 2.
It is stated by the Contempt Petitioner that, an extent of 327 sq. ft. in Plot No.57, Door No.70 in Survey No.794/13 situated in Muniappan Naickan Street, Perambur, Chennai was originally allotted to her grandmother viz. Saradhammal vide allotment order dated 01.09.1993. After which, her grandmother had also obtained No Objection Certificate for sewerage and pipeline connection, electricity connection, etc. It is the case of the Contempt Petitioner that, after the death of her grandmother and her mother, viz. Selvi, as their sole legal heir, she is entitled to allotment of the said Plot. She has further stated that, full costs were paid towards the allotment of the said Plot, as early as on 12.02.1996, however, the Slum Clearance Board has not executed the Sale Deed, despite repeated requests. 3.
Hence, the Contempt Petitioner filed a Writ Petition in W.P.No.14019 of 2020 and this Court, by an order dated 09.12.2020, directed the 1st Respondent to execute a Sale Deed in favour of the Writ Petitioner as per the allotment order dated 01.09.1993 for the property in question within a period of twelve weeks. As the order passed in the said Writ Petition has not Page No.2 of 3
been complied with, Writ Petitioner has come up with the present Contempt Petition.
4.
Today, learned Additional Advocate General appeared on behalf of the Respondents and submitted that, on verification, it was found that, the Legal Heir Certificate produced by the Petitioner is a bogus one and hence, the order passed by this Court could not be complied with. 5.
Taking note of the submissions of the learned Additional Advocate General appearing for the Respondents, as the Legal Heir Certificate produced by the Contempt Petitioner before the Authority concerned is found to be a bogus one, this Court cannot expect the Authorities to comply with the order under contempt. 6.
Recording the submissions of the learned Additional Advocate General appearing for the Respondents, this Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) aeb //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
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