Shaik Ghouse Basha v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2023

CORAM

THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN and W.M.P.No.25512 of 2022 Shaik Ghouse Basha ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.

2.The Estate Officer - VI, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to transfer the allotment No.Se.Mu.No.22877/83/90/E3, dated 25.03.1992 and consequently, execute the Sale Deed in a time framed manner. 1/5

For Petitioner : Ms.P.Kavitha For Respondents : Mr.S.Karthikeyan, Senior Counsel

O R D E R

A Counter Affidavit has been filed by the respondents. Para 11 of the Counter Affidavit is extracted hereunder:

"(11).I submit that only due to the non-transfer of the said land in favour of the Board, the Board could not execute Sale Deed in favour of the petitioner and it is further submitted that once the land is transferred in the name of the Board the petitioner request would be considered and Sale Deed will be executed in his favour."

2.The relief sought for in this Writ Petition is for a direction to the respondents to execute a Sale Deed, but it is stated in the counter affidavit that in the aforementioned paragraph that the land is already classified as a 2/5

water body. Let me not enter into any discussion, but recording the above, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

23.02.2023 Index :Yes/No Speaking/Non speaking order mps To 1.The Managing Director, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.

2.Th Esstate Officer - VI, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.

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C.V.KARTHIKEYAN, J, mps and W.M.P.No.25512 of 2022 4/5

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