Madras High CourtWP(MD)/18559/2017disposed of

M.Karthikeyan v. The Executive Engineer

2017-10-06Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18559 of 2017 and WMP(MD).No.14948 of 2017 M.Karthikeyan ... Petitioner Vs.

1. The Executive Engineer/ Administration Officer, Madurai Special Division, Ellis Nagar, Madurai - 625 010.

2. The Superintending Engineer, Madurai Special Division, Ellis Nagar, Madurai 625 010.

3. The Director of Administration, 493, Anna Salai, Nandhanam, Chennai - 600 035.

4. K.Arumugam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents 1 to 3 execute sale deed in favour of the petitioner in respect of House bearing D.No. B-76 Chathirarediyapatti Village, Virudhunagar Taluk.

For Petitioner : Mr.G.Mariappan For Respondents R1 to R3 : Mr.T.S.Mohamed Mohideen

ORDER

This writ petition has been filed, seeking a writ of Mandamus, directing the respondents to execute sale deed in favour of the petitioner in respect of House bearing No.

B-76 Chathirarediyapatti Village, Virudhunagar Taluk. 2.The learned counsel for the petitioner would submit that the petitioner's father was allotted the house nearing No. B-76 at

Tamil Nadu Housing Board Colony Chathirarediyapatti, Virudhunagar Taluk by allotment order No. SDD/4158/95, dated 08.05.1995 and his father was making payment regularly till his demise on 31.09.2011. Thereafter, the petitioner paid a sum of Rs.82,900/-. It is further submitted that electricity connection and house tax receipts also stand in his father's name. Therefore, the petitioner requested the respondents by representation dated 23.09.2017, to execute the sale deed in his favour. However, no action has been taken by the respondents. Hence, the petitioner is before this Court, seeking appropriate direction to the respondents.

3.Mr.T.S.Mohammed Mohideen, the learned Standing Counsel, takes notice for the respondent and would submit that the representation of the petitioner would be considered in accordance with law within the time stipulated by this Court. 4.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 23.09.2017 and pass appropriate orders, on its own merits and in accordance with law and also in line with the original allotment of the subject mentioned property after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.Conseqeuntly, connected Miscellaneous petitioner is closed.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Executive Engineer/ Administration Officer, Madurai Special Division, Ellis Nagar, Madurai - 625 010.

2. The Superintending Engineer, Madurai Special Division, Ellis Nagar, Madurai 625 010.

3. The Director of Administration, 493, Anna Salai, Nandhanam, Chennai - 600 035.

+1cc to Mr.G.Mariappan, Advocate Sr.No.81852 DSK VB/SKN/RSK/SAR2/31.10.2017/3P/5C ORDER MADE IN W.P(MD)No.18559 of 2017 06.10.2017