Madras High CourtWP/36995/2016disposed of

B.Thirulochana Kumari v. The Tamil Nadu Slum

2016-10-24Honourable Mr Justice B. Rajendran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.36995/2016 B.Thirulochana Kumari ..

Petitioner Vs.

1.The Chairman Tamil Nadu Slum Clearance Board Kamaraj Salai, Chennai 600 005.

2.The Estate Officer Estate Officer III, Tamil Nadu Slum Clearance Board, Chennai 600 040.

Respondents Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorarified mandamus calling for the records of the 2nd respondent and quashing the communication dated 28.07.2016 in e/f/vz;/321/M/v/m/3/2015 issued by the 2nd respondent against the petitioner, consequently directing the 1st respondent to issue sale deed by modifying the extent of property from 982.926 sq.ft. to 1080 sq.ft. and in favour of the petitioner S.No.866/9, part at No.29, Indira Gandhi Street, Annai Sathya Nagar, Thirumullaivoyal village, Chennai-62, under the Tamil Nadu Urban Development Project and consequently allow the petitioner's representation dated 25.07.2016.

For Petitioner :

Mr.R.S.Mohan For R1 & R2 :

Mr.S.Prabhu, Standing Counsel

ORDER

Heard the learned counsel for the petitioner ; and Mr.S.Prabhu, learned Standing Counsel accepting notice on behalf of the respondents and with the consent on either side, the writ petitions are taken up for final disposal.

When this Court, upon hearing the submissions made on either side and on going through the materials placed before this Court in the form of the typed set of papers, expressed its reluctancy to accede to the prayer sought for by the petitioner, the learned counsel for the petitioner, on instructions, would submit that the petitioner is, at present, not challenging the quantum fixed by the authority concerned ; but only seeks time for payment of the arrears to the tune of Rs.56,409/- to the respondents / Slum Clearance Board. In view of the prayer now made by the learned counsel for the petitioner to the effect of granting time to pay the arrears amount, this Court grants four months time to pay the arrears

amount to the tune of Rs.56,409/- [Rupees fifty six thousand four hundred and nine only] to the 2nd respondent herein, failing which, the allotment will stand automatically cancelled. It is made clear that this Court has granted only time to pay the arrears and as such, the impugned order of the 2nd respondent is confirmed. The writ petition stands disposed of with the above direction. No costs.

24.10.2016 AP To 1.The Chairman Tamil Nadu Slum Clearance Board Kamaraj Salai, Chennai 600 005.

2.The Estate Officer Estate Officer III, Tamil Nadu Slum Clearance Board, Chennai 600 040.

B.RAJENDRAN, J., AP WP.No.36995/2016 24.10.2016 http://www.judis.nic.in