Devika v. The State,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA Devika ..Petitioner(s) Vs

1. The State, Represented by the Secretary, Housing and Urban Development Department, Fort St.

George, Chennai.

2. The Chairman and Managing Director, Department of Housing and Urban Development Board, No.5, Kamarajar Salai, Chepuak, Chennai.

3. The Executive Engineener Division -2, Tamil Nadu Urban Habitat Development Board, Vysarpadi, Chennail.

..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 3rd Respondent to transfer the petitioner name in the property allotted to my father pursuant to letter vide Na.Ka.No.1501 / A.Ye.A.2/2024 dated 19/12/2024 with a stipulated time as fixed by this Honorable Court, on merits.

For Petitioner(s):

Mr.S.R.Mani For Respondent(s):

Mr.Yogesh Kannadasan for R1;

Mr.Karthikayan and Balaji B. for R2 & R3

ORDER

This Writ Petition has been filed for the following reliefs:- "directing the 3rd Respondent to transfer the petitioner name in the property allotted to my father pursuant to letter vide Na.Ka.No.1501 / A.Ye.A.2/2024 dated 19/12/2024 with a stipulated time as fixed by this Honorable Court, on merits."

2. The petitioner would submit that the subject property was originally allotted to the petitioner's father by the respondent authority. From the date of allotment, the petitioner's father regularly paid all the installments without any default and was in lawful possession and enjoyment of the property.

3. While so, the petitioner's father passed away on 02.06.2006. After his demise, the petitioner and her mother, being his legal heirs, continued to reside in the said property peacefully and have been in continuous possession and enjoyment of the same. Subsequently, the petitioner's mother passed away on 02.05.2023. Thereafter, the petitioner, being one of the legal heirs of the

deceased allottee, has been residing in the property and is in exclusive possession and enjoyment of the same.

4. The petitioner would further submit that the her sister, who is the other legal heir of the deceased allottee, has given her No Objection for transferring the allotment of the subject property in favour of the petitioner. 5.The petitioner, being the legal heir of the deceased allottee, had made a representation dated 07.01.2025 to the 2nd respondent requesting acceptance of the pending dues and completion of the process of transferring the property in the petitioner's name. The petitioner had also submitted all the necessary documents sought for by the 3rd respondent vide letter dated 19.12.2024. However, to date, the subject property has not been transferred in the name of the petitioner. Hence, the present Writ Petition.

6. Heard the learned counsel on either side.

7. Considering the limited request of the petitioner and taking note of the fact that despite the petitioner having submitted all the necessary documents as per the letter of the 3rd respondent dated 19.12.2024, the subject property has not been transferred in the name of the petitioner to date, the Writ Petition is allowed. The 3rd respondent is directed to consider the petitioner's request for

transfer of the subject property in her name and pass appropriate orders on merits and in accordance with law, within a period of 3 weeks from the date of receipt of a copy of this order. No costs.

03-02-2026 Index: Yes/No Speaking/Non-speaking order SHR To

1. The State, Represented by the Secretary, Housing and Urban Development Department, Fort St.

George, Chennai.

2. The Chairman and Managing Director, Department of Housing and Urban Development Board, No.5, Kamarajar Salai, Chepuak, Chennai.

3. The Executive Engineener Division -2, Tamil Nadu Urban Habitat Development Board, Vysarpadi, Chennail.

P.T.ASHA, J.

SHR 03-02-2026