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Madras High CourtWP/9922/2016disposed of

K.Chandrabose v. The Chairman

2016-03-17Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.9922 of 2016 K.Chandrabose .. Petitioner Vs.

The Chariman, The Tamil Nadu Slum Clearance Board, No.5, Kamaraj Salai, Chennai-600 005.

.. Respondent 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 consider the representation of the petitioner, dated 14.08.2014 for issuance of the sale deed in terms of the allotment order, dated Ni.08.1995 and made in Na.Ka.No.23258/95/E4 in respect of Plot No.2762-B, M.G.R. Nagar Scheme, K.K.Salai, M.G.R.Nagar, Chennai-600 078 and dispose of the said representation.

For Petitioner : Mr.G.Ravi Sankar For Respondent : Mr.S.Prabhu

ORDER

The petitioner has filed this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondent to consider the representation of the petitioner, dated 14.08.2014 for issuance of the sale deed in terms of the allotment order, dated Ni.08.1995 and made in Na.Ka.No.23258/95/E4 in respect of Plot No.2762-B, M.G.R. Nagar Scheme, K.K.Salai, M.G.R.Nagar, Chennai-600 078 and dispose of the said representation.

2. It is stated by the petitioner that the respondent-TNSCB, after following due procedure prescribed under the relevant Act, by proceedings, dated Nil.08.1995 in Na.Ka.No.23258/95/E4, allotted the above said Plot, with a direction to the petitioner to pay penalty of Rs.2,500/- and Rs.690/- towards initial land cost for the said plot allotted, which is measuring 0.92.0

Sq.Mtr. The petitioner complied with the conditions of the above allotment order of the respondent-TNSCB and thereby, paid the above said amounts on 09.09.1995, apart from paying the land cost in full at Rs.6,210/-. On such payments made by the petitioner, the respondent executed lease-cum-sale agreement with the petitioner and also issued No Objection Certificate for drainage/water/electricity connections. Thereafter, the petitioner constructed building in the allotted plot and has been in peaceful possession and enjoyment of the property till date. It is further stated by the petitioner that he has been paying Corporation Tax/water charges/drainage charges/electricity charges for the land assessed in his name.

Inspite of the above mentioned full payments made by the petitioner as stipulated in the allotment order and complying with the conditions, the respondent has failed to issue sale deed. In this regard, the petitioner made a representation, dated 14.08.2014 to the respondent for issuance of the sale deed in his favour. Though the said representation was acknowledged by the respondent, no action has been taken. Hence, the petitioner has filed this Writ Petition for the above relief.

3. Heard both sides.

4. Taking into consideration the above facts and circumstances of the case, without going into the merits of the claim of the petitioner, this Court directs the petitioner to submit a copy of the said representation, dated 14.08.2014 in respect of the above relief, along with a copy of this order, within a period of one week from the date of receipt of a copy of this order. On receipt of such representation, the respondent is directed to consider the said representation of the petitioner, conduct enquiry, give an opportunity of hearing to the petitioner and other necessary parties and thereafter pass appropriate orders and dispose of the said representation, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and it is for the respondent to decide the same.

5. With the above observations and directions, the Writ Petition is disposed of. No costs.

cs Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

Copy to The Chariman, The Tamil Nadu Slum Clearance Board, No.5, Kamaraj Salai, Chennai-600 005.

+ 1 cc to Mr.G.Ravi Sankar, Advocate Sr 17277 + 1 cc to Mr.S.Prabhu, Advocate Sr 16978 KR/31/3/16 W.P.No.9922 of 2016