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Madras High CourtWMP/31174/2022closed

K.Rani v. The Chairman

2022-12-13Honourable Dr Justice Anita Sumanth2 pages

WMP No.31174 of 2022 & W.P.No.25738 of 2015 Dr.ANITA SUMANTH,J.

In the Writ Petition, the petitioner seeks a mandamus directing the respondents to grant an order of allotment in respect of plot No.87, Vinayagapuram 1st Street, Arumbakkam, Block No.1, S.No.11, Chennai - 106 (plot/plot in question) and execute a sale deed upon receipt of cost of land from her.

2. A counter has been filed by R1, the Chairman/Tamil Nadu Slum Clearance Board (in short 'Board'). The stand taken by R1 is that the plot in question has been allotted to one Ramadoss as per the eligible list prepared by the Special Tahsildar, Chennai District in the year 1984.

3. It is unknown as to whether any sale deed was executed with the said Ramadoss and what consideration has been received from him. The petitioner has made a similar request for allotment as made in the present Writ Petition even before the respondents and enquiry is stated to be on-going to determine who the occupant of the property is, and other relevant parameters.

4. In such circumstances, the Secretary, Tamil Nadu Urban Habitat Development Board, formerly known as Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 5, who, according to the learned counsel for the respondents, is the appropriate party to look into the request of the petitioner, is impleaded suo motu as R3 in the Writ Petition. Mr.Balaji, learned counsel on behalf of Mr.Karthikeyan, learned Standing Counsel accepts notice for the https://www.mhc.tn.gov.in/judis newly impleaded R3.

Dr.ANITA SUMANTH,J.

5. To facilitate the enquiry, the petitioner is directed to appear before the newly impleaded R3 on 16.12.2022 at 10.30 a.m. without expecting any further notice in this regard. After hearing the petitioner, R3 will pass orders on the request of the petitioner on or before 11.01.2023.

6. The present Miscellaneous Petition has been filed seeking impleadment of the said Ramadoss, who is the original allottee. However, both Mr.Appavu, learned counsel for the petitioner and Mr.Balaji, learned counsel for R1 and R3 agree with the position that the said Mr.Ramadoss is no more. Hence, the Miscellaneous Petition is closed as infructuous.

7. List the Writ Petition on 12.01.2023 under the caption 'for production of orders'.

Sl 13.12.2022 WMP No.31174 of 2022 & W.P.No.25738 of 2015 https://www.mhc.tn.gov.in/judis