Kandakumar C v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.15812 of 2021:- C.Kandakumar ... Petitioner -vs1.The Secretary to Government, Housing and Urban Development Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai.
2.The Chairman, Tamil Nadu Slum Clearance Board, No 5, Kamaraj Salai, Chennai - 05.
3.The Executive Engineer, Tamil Nadu Slum Clearance Board, Madurai Division, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to execute individual sale deed to the petitioner for the plot so allotted to him and numbered as TNSCB No.27 as requested in joint representation dated 10.08.2021. 1/5
For Petitioner in all the W.Ps.
:
Ms.Chamundi Bose For R1 in all the W.Ps.
:
Mr.B.Saravanan Additional Government Pleader For R2 and R3 in all the W.Ps. :
Mrs.S.Latha Standing Counsel COMMON ORDER The issue involved in all these Writ Petitions are common and hence, they are heard together and disposed of through this common order.
2. The petitioners have sought for issuance of Writ of Mandamus, directing the Tamil Nadu Slum Clearance Board to execute individual sale deeds in their name for the property that was originally allotted either to the grandfather or to the father or to the concerned petitioner.
3. Heard the learned counsel appearing for the parties.
4. The petitioners are claiming to be in possession of the plot in their capacity as slum dweller and on the basis of some allotment made by the Slum Clearance Board. The apprehension of the petitioners is that steps were 2/5
taken to evict the persons, who had encroached upon the water body, pursuant to the orders passed by this Court. While undertaking this exercise, steps were also taken to evict the petitioners, who were occupying the plots belonging to the Slum Clearance Board. In view of the same, the petitioners made representation, requesting for execution of sale deeds in their favour so that, their right and title in the respective plot is confirmed and there will be no threat of eviction in future. It is under these circumstances, the present Writ Petitions were filed before this Court.
5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in all these Writ Petitions, there shall be a direction to the third respondent to deal with the representation made by the petitioners and take a decision on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6. These Writ Petitions are disposed of in the above terms. No costs. NCC : Yes/No 08.11.2023 Index : Yes/No 3/5
To 1.The Secretary to Government, Housing and Urban Development Department, State of Tamil Nadu, Secretariat, Fort St. George, Chennai.
2.The Chairman, Tamil Nadu Slum Clearance Board, No 5, Kamaraj Salai, Chennai - 05.
3.The Executive Engineer, Tamil Nadu Slum Clearance Board, Madurai Division, Madurai.
4/5
N.ANAND VENKATESH, J.
smn2 Common order in 08.11.2023 5/5