A.V.Paramaguru v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.29166 of 2021 1.A.V.Paramaguru 2.Geetha Rani ... Petitioners Vs.
1 The Managing Director Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Road, Chennai - 600 005.
2 The Secretary, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Road, Chennai - 600 005.
3 The Estate Officer, Estate Office, Zone - 8, Tamil Nadu Urban Habitat Development Board, Shivalingapuram, K.K.Nagar, Chennai - 600 078.
4 The Sub Registrar Office, No.37/5, 5th Street, 100 Feet Road, Alagiri Nagar, Kodambakkam, Chennai - 600 024.
... Respondents 1/6
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to the impugned order bearing reference Na.Ka.Ee8/10857/2021 dated 29.10.2021 received on 17.11.2021, quash the same as illegal and unconstitutional and direct the respondents to register the plot comprised in T.S.No.1, Block No.28, Kodambakkam Village, situated at Door No.2, Plot No.13 A, Dr.P.T.Rajan Salai, Ashok Nagar, Kanniappa Nagar, Chennai-600 083, in favour of the petitioners herein.
For Petitioners : Mr.Vikram Veerasamy For Respondents : Mr.G.Venkatesan for R1 to R3 Mr.R.Sasi Kumar for R4
O R D E R
This writ petition has been filed seeking issuance of Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to the impugned order bearing reference Na.Ka.Ee8/10857/ 2021 dated 29.10.2021 received on 17.11.2021, quash the same as illegal and unconstitutional and direct the respondents to register the plot comprised in T.S.No.1, Block No.28, Kodambakkam Village, situated at Door No.2, Plot No.13 A, Dr.P.T.Rajan Salai, Ashok Nagar, Kanniappa Nagar, Chennai-600 083, in favour of the petitioners. 2/6
2.The learned counsel appearing for the petitioners submitted that originally the subject property was allotted to one Maari vide proceedings of the Tamil Nadu Slum Clearance Board (which is now referred to as Tamil Nadu Urban Habitat Development Board) dated 13.12.1987 and the petitioners purchased the property from the said Maari vide sale deed dated 30.08.1995. After the demise of the said Maari, his legal heirs made representation to the Tamil Nadu Slum Clearance Board seeking to convey the sale deed in respect of the subject property in their favour and since the said representation was not considered, they filed W.P.No.17294 of 2014 and pursuant to the order of this Court dated 17.08.2020 made in the said writ petition, the impugned order was passed.
3.The learned counsel appearing for the petitioners further submitted that the petitioners purchased the property from the said Maari for valuable sale consideration. If at all the legal heirs of the said Maari have any grievance, they have to approach the competent civil Court, however, they made representation to the respondents for conveyance of sale deed in their favour, which is not sustainable one. 3/6
4.Per contra, the learned counsel appearing for the respondents 1 to 3 submitted that prior to issuance of sale deed to Maari, the said Maari alienated the property in favour of the petitioners, which is impermissible one. The learned counsel further submitted that subsequently, allotment order was issued in favour of the petitioners, however, till date, the petitioners have not purchased the property, thereby, the legal heirs of the said Maari made representation to the respondents. The learned counsel further submitted that the impugned order is only summons and the petitioners without participating in the enquiry, have filed this writ petition, which is not sustainable one.
5.Heard the arguments advanced on either side and perused the materials available on record.
6.Perusal of records reveal that the impugned order is only summons issued to the petitioners and the petitioners instead of appearing before the third respondent and participating in the enquiry, have filed this writ petition, which is not sustainable one. Hence, the 4/6
relief sought for in this writ petition cannot be granted. Without interfering with the impugned order, this Court directs the petitioners to appear before the third respondent within a period of two weeks from the date of receipt of a copy of this order. On their appearance, the third respondent is directed to conduct enquiry and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks thereafter.
7.It is made clear that this order is applicable only to the petitioner considering the peculiar circumstances and this order should not be cited as a precedence in other cases.
8.The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 10.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 The Managing Director Tamil Nadu Urban Habitat Development Board, 5/6
No.5, Kamarajar Road, Chennai - 600 005.
M.DHANDAPANI,J.
pri 2 The Secretary, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Road, Chennai - 600 005.
3 The Estate Officer, Estate Office, Zone - 8, Tamil Nadu Urban Habitat Development Board, Shivalingapuram, K.K.Nagar, Chennai - 600 078.
4 The Sub Registrar Office, No.37/5, 5th Street, 100 Feet Road, Alagiri Nagar, Kodambakkam, Chennai - 600 024.
And W.M.P.No.29166 of 2021 6/6
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