Munilakshmi v. The Tamil Nadu Slum Clearance
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.3797 to 3809 of 2016 Munilakshmi ...Petitioner in W.P.3797/16 E. Baggyamani
...Petitioner in W.P.3798/16
D. Sathyamoorthy
...Petitioner in W.P.3799/16
Dhanam @ Dhanlakshmi
...Petitioner in W.P.3800/16
T. George
...Petitioner in W.P.3801/16
T. Rajamani
...Petitioner in W.P.3802/16
M. Paramasivam
...Petitioner in W.P.3803/16
P. Chandirarajan
...Petitioner in W.P.3804/16
Prema Jothilakshmi
...Petitioner in W.P.3805/16
V. Audiammal
...Petitioner in W.P.3806/16
S. Vijaya
...Petitioner in W.P.3807/16
L. Murugesan
...Petitioner in W.P.3808/16
G. Balaraman
...Petitioner in W.P.3809/16
Vs.
The Tamil Nadu Slum Clearance Board Rep by its Managing Director Kamaraj Salai, Chennai 5 ...1st Respondent in W.P.3797 to 3800/16, 3803 to 3809/16 The Tamilnadu Slum Clearance Board Rep by its Director Kamaraj Salai Chenai-5 ...1t Respondent in W.P.3801, 3802/16 The Estate Officer Estate Officer III Tamil Nadu Slum Clearance Board Chennai 40 ...2nd Respondent in all WPs Prayer in Writ Petition No.3797 to 3800 of 2016 : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus
Directing the respondents herein to execute Sale Deed in pursuance to the Plot Allotment Order dated 4.9.2015 vide proceedings No. Se. Mu. Enn. E3/3233/2015 issued by the 1st respondent in respect of their house sites situated No.208 Door No. 74/54 in S. No. 866/9 part at Thanthai Periyar Nagar No.187 New Door No.15, Old Door NO.6, in S.No.866/9 at Annai Sathya Nagar, No.223, New Door No.11, Old Door No.7 in S.Mo.866/9 at Annai Sathya Nagar, No.93 New Door No.18, OId Door NO.13 in S.No.866/9 Part at Annai Sathya Nagar, respectively in Thirumullaivoyal Village under the Tamilnadu Urban Development Project.
Prayer in W.P.3801 to 3809 of 2016:- Writ petition filed under Article 226 of the Constitution of India praying for this Honourable Court for issuance of a writ of mandamus directing the respondents herein to execute Sale Deed in pursuance to the Plot Allotment Order dated 5.12.2011, 5.12.2011, 25.4.2013, 25.4.2013,, 4.9.2015, 4.9.2015,4.9.2015, 25.4.2013, 4.9.2015 respectively vide proceedings No. Se. Mu. Enn. E3/9572/2011, Se. Mu. Enn. E3/9572/2011, Se. Mu. Enn. E3/20992/2012, Se. Mu. Enn. E3/20992/2012, Se. Mu. Enn. E3/3233/2015, Se. Mu. Enn.
E3/3233/2015, Se. Mu. Enn. E3/3233/2015, Se. Mu. Enn. E3/20992/2012, Se. Mu. Enn. E3/3233/2015, respectively issued by the 1st respondent in respect of their house sites situated No.200 Door No.20/15, No.209 door No.2/20, No.390, door No.5/82, No.36, door No.58, No.100 New No.9, Old NO.30, No.198, New Door No.22, Old No.14, No.210, New Door No.40 Old Door No.44, No.138 Door No.43/44, No.228, New No.38 Old No.24 respectively S.No.866/9 part at Annai Sathya Nagar (W.P.No.3801 & 3802/16) New Anna Nagar (W.P.NO.3803 & 3804/16) Thanthai Periyar Nagar (W.P.NO.3805/16) Annai Sathya Nagar (W.P.NO.3806 & 3807/16) New Anna Nagar (W.P.No.3808/16) Thanthai Periyar Nagar (W.P.3809/16) respectively in Thirumullaivoyal Village under the Tamilnadu Urban Development Project. For Petitioner in all Writ Petitions :
Mr.A.Selvendran For Respondents in all Writ Petitions :
Mr.R.V.Babu COMMON ORDER Since the issues raised in all these Writ Petitions are one and the same, these Writ Petitions are disposed of by a common order.
2. The prayer in all these writ petitions is to issue a Writ of Mandamus directing the respondents herein to execute Sale Deed in pursuance of the Plot Allotment Order dated 4.9.2015 vide proceedings No. Se. Mu. Enn. E3/3233/2015 issued by the 1st respondent in respect of their house sites situated at Thanthai
Periyar Nagar, Annai Sathya Nagar and New Anna Nagar respectively in Thirumullaivoyal Village under the Tamilnadu Urban Development Project.
3. The petitioners are slum dwellers, residing in S.No.866/9 part at New Anna Nagar, Thanthai Periyar Nagar and Annai Sathya Nagar in Thirumullaival Village. They are poor, down trodden and socially and economically backward. The petitioners along with similarly placed persons earlier filed a Writ Petition No.41777 of 2015 before this Court seeking for plot allotment order in their favour and the said Writ Petition was disposed of by an order dated 18.2.
2015, directing the petitioners to give a representation individually along with the proof of part payment, before the first respondent, within a period of two weeks from the date of receipt of the said order and on receipt of the said representations, the first respondent was directed to consider the claim of the petitioners, on merits and in accordance with law, within a period of four weeks thereafter. Pursuant to the same, allotment orders were issued to them. The title of the lands, where the petitioners are residing, are now with the first respondent, as per G.O.Ms.No.370, Revenue (CA 5(2)) Department dated 9.7.1999, by which, the land to an extent of 7.69.0 Hectares in New Sub Division S.No.866/9 covers three villages, viz., New Anna Nagar, Thanthai Periyar Nagar and Annai Sathya Nagar in Thirumullaivoyal Village.
Land delivery receipt was already issued in favour of the first respondent and subsequently lay out was approved. While that being the fact, the respondents are wantonly delaying the execution of sale deeds in favour of the petitioner. According to the petitioners, after transfer under the scheme, several persons got their property based on the sale seeds executed by the respondents. Hence, the petitioners made a representation to the respondents to execute sale deeds in their favour. Since, no action is taken up, the petitioners are before this Court.
4. Heard the submissions made on either side and perused the materials available on record.
5. Considering the aforesaid factual aspects and the submissions made, this court directs the petitioners to give a fresh representation to the respondents, individually, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider and dispose of the same, purely on merits and in accordance with law, within a period of four weeks thereafter. It is made clear that this Court has not expressed any opinion with regard to merits of the claim made by the petitioners.
With the above direction, these writ petitions are disposed of. No costs.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar ajr To 1 The Managing Director Tamil Nadu Slum Clearance Board Kamaraj Salai, Chennai 5 2 The Estate Officer Estate Officer III Tamil Nadu Slum Clearance Board Chennai 40
3. The Director Tamilnadu Slum Clearance Board Kamaraj Salai, Chennai-5 2 ccs to Mr.A. Selvendran, Advocate, Sr. 6596 W.P.Nos.3797 to 3809 of 2016 SV (CO) kk 15/2