← Library
Madras High CourtWP/8477/2016disposed of

Mrs. Lakshmi v. Tamilnadu Slum Clearance

2016-04-22Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 22.04.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.8477 of 2016 Mrs.Lakshmi ... Petitioner Vs.

Tamilnadu Slum Clearance Board, rep. By its Chairman, No.5, Kamarajar Salai, Triplicane, Chennai-600 005.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, to direct the respondent to dispose of the petitioner's representation dated 20.7.2015, within a stipulated time. For Petitioner :

Mr.V.Bhashyam Chari For Respondents:

:

Mr.S.Prabu

ORDER

This Writ Petition has been filed, praying for the issuance of a Writ of Mandamus, to direct the respondent to dispose of the petitioner's representation dated 20.7.2015, within a stipulated time.

2. According to the petitioner, his father, Late Govindarajan was allotted with a plot bearing No.87, at Door No.06/23, Bharathi Street, Bharathi Nagar, Guindy, Chennai-32. He died on 3.6.1988, leaving behind his one son and two daughters, including the petitioner. The case of the petitioner is that her brother G.Padmanabhan, by forging the documents, got incorporated his name in the records of the respondent pertaining to the allotment of the property. The petitioner made a representation about the alleged forgery to the respondent to take appropriate action. However, said Padmanabhan expired in the year 2005, leaving behind his wife, Mrs.Sankari as his legal heir to succeed his estate. Thereafter, Mrs.Sankari and his brother occupied the said plot and prevented the petitioner from interfering with the said property and also made attempts to alienate the same and she approached the https://hcservices.ecourts.gov.in/hcservices/

respondent along with forged documents and requested him to register the sale deed in her name. Hence, the petitioner gave a representation on 20.7.2015 to the respondent, requesting him to execute the sale deed in respect of the disputed property in favour of the petitioner as well as Mrs.Sankari jointly. However, as there was no reply, the petitioner had also issued a legal notice dated 26.09.2015. But there was no reply, which prompted the petitioner approach this Court, by way of present writ petition.

3. Considering the facts and circumstances and in view of the fact that the representation made by the petitioner is still pending with the respondent, without adverting to the merits of the writ petition, the respondent is directed to consider the representation of the petitioner, dated 20.07.2015 and dispose of the same in accordance with law and on merits, after affording an opportunity to the petitioner as well as to other necessary parties, within a period of two weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar suk To The Chairman Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Triplicane, Chennai-600 005.

2 ccs to M/s. K.V. Bhashyamchari, Advocate, Sr. 25310 W.P.No.8477 of 2016 SAI (CO) kk 10/6 https://hcservices.ecourts.gov.in/hcservices/