Tmt.V.Dhanammal, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2016
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.36997 of 2016 1.Tmt.V.Dhanammal 2.V.Rani ..
Petitioners Vs.
1.The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chepakkam Chennai 600 005.
2.The Executive Officer Tamil Nadu Slum Clearance Board Division-IV, TP Chathiram, Chennai.
..
Respondents Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to issue Sale Deed in respect of the Flat No.241, Nehru Park, Anna Nagar Zone, Chennai 600 084, by receiving appropriate charges towards the same in the name of the petitioners based upon the representation dated 23.08.2016 given by the petitioners.
For Petitioners :
Mr.A.Rajesh Kanna
For R1 and 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.
The 1st petitioner is the wife of [late] Venkaiah and the 2nd petitioner is her daughter. It is the case of the petitioners that originally Flat No.241, Nehru Park, Poonamallee High Road, was allotted in favour of the mother-in-law of the 1st petitioner, viz., Tmt.Sabalakondammal, W/o.Thiru Veeraragavalu and since the date of allotment, she was in absolute possession and enjoyment of the said flat and she has been paying the allotment charges to the respondents regularly. It is the further case of the 1st petitioner that her husband Venkaiah/son of Tmt.Sabalakondammal, died on 29.06.2013 and her father-in-law pre-deceased Venkaiah. The mother-in-law of the petitioner handed over the said flat to the petitioners by receiving sale consideration and since then, the 1st petitioner has been paying the requisite charges to the Board. The petitioners, vide representation dated 23.08.2016 has sought for issuance of Sale Deed in favour of the
1st petitioner. Despite the receipt and acknowledgment of the same, the petitioners are yet to be favoured with any kind of response and hence, they are before this Court with the present writ petition. The learned Standing Counsel appearing for the respondents would submit that the mother-in-law of the 1st petitioner has left the flat long back and that she is not suppose to sell the property to the petitioners and the same is in violation of the condition stipulated in the Allotment Order and hence, prays for dismissal of the writ petition.
Be that as it may, the 1st petitioner, who is a widow, seeks for transfer of allotment of the flat allotted by the Slum Clearance Board to her mother-in-law, who has also no objection for the same. Hence, this Court, in the light of the above facts and circumstances and without going into the merits of the claims projected by the petitioner, directs the respondents to consider and dispose of the petitioners' representation dated 23.08.2016 on merits and in accordance with law, after issuing notice to Tmt.Sabalakondammal, mother-in-law of the 1st
B.RAJENDRAN, J., AP petitioner herein and after obtaining her consent in writing and pass appropriate orders within a period of four months from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to Tmt.Sabalakondammal. The writ petition stands disposed of with the above direction. No costs.
24.10.2016 AP To 1.The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chepakkam Chennai 600 005.
2.The Executive Officer Tamil Nadu Slum Clearance Board Division-IV, TP Chathiram, Chennai.
WP.No.36997/2016
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