N. Amuthavel Rajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM N.Amuthavel Rajan ... Petitioner -vs1. The District Collector, Madurai District, Madurai.

2. The Commissioner of Police, Madurai City, Madurai.

3. The President, Tamil Nadu Slum Clearance Board, Chennai-600 001.

4. The Tahsildar, Madurai West Taluk, Madurai.

5. The Inspector of Police (L&O), Karimedu Police Station, Madurai.

6. The Executive Engineer, Tamilnadu Slum Clearance Board, K.K.Nagar, Madurai -20.

7. The Estate Officer, Tamilnadu Slum Clearance Board, K.K.Nagar, Madurai -20.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1 to 3 respondents to give provide compensation amount of Rs.35,000/- with interest to the petitioner and also suspend the 5 to 7 respondents based on petitioner's representation dated 16.11.2019. For Petitioner :

Mr.G.Arumugam For R1 :

Mr.M.Ramesh Government Advocate For R2 :

Mr.P.Mahendran

O R D E R

The relief sought for in the present writ petition is to direct respondents 1 to 3 to provide compensation amount of Rs.35,000/- with interest to the petitioner and also suspend respondents 5 to 7 based on the petitioner's representation dated 16.11.2019.

2. The petitioner states that he is a practising Advocate in Madurai District. His previous name was N.Saravanan. The petitioner has changed his name as N.Amuthavel Rajan. The petitioner states that he purchased a house from one S.Shenbagam, S/o.Samynathan and registered a sale deed in his favour more specifically in the name of N.Saravanan in Document No.4377/2010. The petitioner states that his family is in possession and enjoyment of the property. The 3rd respondent/Slum Clearance Board asked the petitioner to vacate the premises for reconstruction of a new house and disconnected the electricity connection. The petitioner and other owners of the Slum Clearance Board houses were evicted and the petitioner made an application to register the property in favour of his wife Smt.A.Josephine.

He executed a settlement deed in favour of his wife. However, the officials have stated that the petitioner has to got No Objection Certificate from the Slum Clearance Board. At the outset, the petitioner states that he purchased the Slum Clearance Board house from Mr.S.Shenbagam, who was the original allottee.

3. Transfer of allotment is not permissible. It is an admitted fact that the petitioner is not an allottee by the Slum Clearance Board. The original allottee of the house is one S.Shenbagam, who sold the property in violation of the Slum Clearance Board Rules in favour of the petitioner. Under those circumstances, such illegal transfer of property cannot bind the Slum Clearance Board authorities. When there is a condition at the time of allotment that the allottee is not empowered to sell the Slum Clearance Board properties and in the present case, the original allottee S.Shenbagam, S/o.Samynathan sold the property to the petitioner, the petitioner cannot claim any right against Slum Clearance. The Slum Clearance Board admittedly has not issued any No Objection Certificate for selling the property to a 3rd party.

In the absence of any such No Objection from the Slum Clearance Board, the original allottee is not empowered to sell the property to the 3rd party. Thus, the very transaction of sale is illegal. This apart, the relief sought for in the present writ petition is to grant compensation and suspend respondents 5 to 7. Such a relief cannot be granted. However, the petitioner is entitled to claim relief against his vendor, who sold the property illegally to the petitioner. If at all the original allottee S.

institute appropriate proceedings against the original allottee, who was the vendor to the petitioner. However, the actions taken by the Slum Clearance Board cannot be found fault with, as the petitioner was not the allottee of the Slum Clearance Board.

4. With the above observations, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) abr To 1.The District Collector, Madurai District, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The President, Tamil Nadu Slum Clearance Board, Chennai-600 001.

4.The Tahsildar, Madurai West Taluk, Madurai.

5. The Inspector of Police (L&O), Karimedu Police Station, Madurai.

6.The Executive Engineer, Tamilnadu Slum Clearance Board, K.K.Nagar, Madurai -20.

7.The Estate Officer, Tamilnadu Slum Clearance Board, K.K.Nagar, Madurai -20.

+1 CC to M/s.P. MAHENDRAN, Advocate ( SR-22157[F] dated 28/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-22066[F] dated 28/04/2022 ) 27.04.2022 MGJ(26.05.2022) 3P 10C