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Madras High CourtWP/26994/2016disposed of

Mrs.D.Kanikkaimary v. The Chairman

2016-08-03Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.26994/2016 1.Mrs.D.Kanikkaimary 2.Jackulin 3.Augustina 4.Jayasindha 5.Charles ..

Petitioners

Versus

1.The Chairman Tamil Nadu Slum Clearance Board Kamaraj Salai, Chennai 600005.

2.The Estate Officer Tamil Nadu Slum Clearance Board 1/1, Ibrahim Salai, Chennai 600 001...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to grant sale deed to the petitioners premises Plot No.5, 72/6, Old Amiranjipuram, Royapuram, TNSCB Chennai 600 013, measuring 330 sq.ft., in favour of the petitioner, as per their allotment order dated 29.03.1985 and Lease-cum-Sale agreement.

For Petitioners : Mr.T.P.Kathirravan For Respondents : Mrs.D.Latha

ORDER

By consent, the writ petition is taken up for final disposal.

The husband of the 1st petitioner was allotted a house plot bearing No.5, Door No.72/6, Old Amiranjipuram, Royapuram, TNSCB Tenament, Chennai 600013, admeasuring to an extent of 330 sq.ft on 29.03.1985, and a Lease-cum-Sale Agreement was also executed in his favour and he died on 10.08.1993, leaving behind his wife and daughters-the petitioners herein, as his legal heirs. The 1st petitioner would claim that she has remitted all the dues to the 1st respondent as early as on 15.03.2010 and was repeatedly corresponding with the respondents for execution of the Sale Deed and despite that, no response is forthcoming and hence, the petitioners have come up with the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

Heard the submissions of the learned counsel for the petitioners and Mrs.D.Latha, learned Standing Counsel who accepts notice on behalf of the respondents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the respondents to act on the petitioners' application / representation dated 15.03.2010 and also in the light of the communication of the 2nd respondent dated 02.03.2015 in Na.Ka.No.106/m/15/vm/1 on merits and in accordance with law, after putting on notice, the person/s concerned, if any and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the person/s concerned.

The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Chairman Tamil Nadu Slum Clearance Board Kamaraj Salai, Chennai 600005.

2.The Estate Officer Tamil Nadu Slum Clearance Board 1/1, Ibrahim Salai, Chennai 600 001.

+1 cc to Mr.T.P.Kathiravan, advocate,sr.43848. rk(co) krd 18/8 W.P.No.26994/2016 https://hcservices.ecourts.gov.in/hcservices/