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Madras High CourtWP/33828/2018disposed of

K.Subramanian v. The Chairman

2019-03-13Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.33828 of 2018 and W.M.P.No.39297 of 2018 K.Subramanian ... Petitioner Vs 1.The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.

2.The Managing Director, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to regularize the petitioner's possession and enjoyment of the Plot No.101A, Nehru Nagar-2 (Thirumangalam Scheme), Chennai by issuing sale deed in respect of the above said plot in favour of the petitioner.

For Petitioner : Mr.G.Ravisankar For Respondents : Ms.D.Latha, Standing Counsel

O R D E R

The petitioner seeks for a Mandamus directing the respondents to regularize the petitioner's possession and enjoyment of the Plot No.101A, Nehru Nagar-2 (Thirumangalam Scheme), Chennai by issuing a sale deed in respect of the above said plot in favour of the petitioner.

2. According to the petitioner, the legal heirs of the original allottee viz., Ranganathan have executed a sale deed in favour of the petitioner on 25.05.2012 in respect of the Plot No.101. It is further claimed by the petitioner that the https://hcservices.ecourts.gov.in/hcservices/

adjacent plot measuring 12 meters equivalent to 140 sq. ft. situated at Plot No.101A was also in possession and enjoyment of the erstwhile owners, from whom the petitioner purchased the property at Plot No.101. Therefore, the petitioner contends that he continues to enjoy the adjacent plot also viz., Plot No.101A by taking possession of the same from his vendors. It is further stated that the land cost for the said Plot No.101A was also collected from the petitioner on 24.06.2013 for a sum of Rs.4,526/-. Now the petitioner seeks for executing a registered sale deed, as the request has not been considered. Hence, the present writ petition is filed with relief sought for as stated supra.

3. The learned counsel for the petitioner also relied on a circular dated 28.10.2016 in support of the contention of the petitioner.

4. Considering the above stated facts and circumstances, the Writ Petition is disposed of by directing the respondents to consider the grievance of the petitioner made through his representations dated 15.05.2014 and 30.11.2018 and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsi/vri To 1.The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.

2.The Managing Director, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.

+1 cc to M/s.D.Latha, Advocate Sr.No.23543 +1 cc to M/s.T.Sundara Ramalingam, Advocate Sr.No.23744 W.P.No.33828 of 2018 CP(CO) CSL/20.03.2019 https://hcservices.ecourts.gov.in/hcservices/