Madras High Court
Nalini Thompson vs The Chairman on 2 November, 2017
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.11.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)Nos.2481 of 2012, 18221 of 2016 and
14646 of 2017
WP(MD)No.2481 of 2012
Nalini Thompson ... Petitioner
Vs.
1.The Chairman,
Tamil Nadu Slum Clearance Board,
Kamarajar Salai,Chennai ? 600 005.
2.The Executive Engineer and Administrative Officer,
Tirunelveli Slum Clearance Board,
Tirunelveli Division,
N.G.O.P.Colony Extension,
Perumalpuram, Tirunelveli ? 627 011.
3.The Secretary to the Government,
Department of Land Revenue and Administration,
Government of Tamil Nadu,
Fort St.George, Chennai ? 600 009.
4.The Commissioner of Land Revenue and Administration,
Chepauk, Chennai ? 600 005.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of mandamus, directing the Respondents 3 and 4
to assign the lands covered under Mappillaiyoorani Part-I to the Respondents
1 and 2 so as to enable the Petitioner to get the sale deed executed by the
second Respondent pertaining to the land bearing Plot No.3 in
Mappillaiyoorani Part-I, in Tuticorin, under the Higher Income Category, to
an extent of 196.25 sq.meter in terms of allotment in Rc.No.A4/205/96, dated
07-01-1999 on the file of this Court.
!For Petitioner : Mr.N.Subramanian
For Respondents 1 & 2 : Mr.P.Mahendran
For Respondents 3 & 4 : Mr.T.S.Mohammed Mohideen,
Additional Government Pleader
WP(MD)No.18221 of 2016
S.Kannan ... Petitioner
Vs.
1.The Executive Engineer,
Tamil Nadu Slum Clearance Board,
Tirunelveli Division,
N.G.O.B.Colony Extension,
Perumalpuram,
Tirunelveli ? 627 007.
2.The Secretary to the Government,
Department of Land Revenue and Administration,
Government of Tamil Nadu,
Fort St.George,
Chennai ? 600 009.
3.The Commissioner of Land Revenue and Administration,
Chepauk, Chennai ? 600 005.
4.The Chairman,
Tamil Nadu Slum Clearance Board,
Kamarajar Salai,Chennai ? 600 005.
5.The District Collector,
Office of the Collectorate Campus,
Tirunelveli District, Tirunelveli.
6.The District Revenue Officer,
Tirunelveli District, Tirunelveli.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the respondent to
execute the sale deed in respect of house plot in Higher Income Group, House
No. H-37, Mapplilaiurani II part, Tamil Nadu Slum Clearance Board,
Tirunelvelli Division, Tuticorin in favour of the petitioner considering his
representation dated 03.05.2016 sent to the respondent.
For Petitioner : Mr.I.Suthakaran
For Respondents 1 & 4 : Mr.P.Mahendran
For Respondents 2,3,5 & 6 : Mr.T.S.Mohammed Mohideen,
Additional Government Pleader
WP(MD)No.14646 of 2017
V.Periyasamy ... Petitioner
Vs.
1.The Chairman,
Tamil Nadu Slum Clearance Board,
No.5,Kamarajar Salai, Chennai ? 600 005.
2.The Secretary to the Government,
Housing and Urban Development Department,
State of Tamil Nadu,
Secretariat, Chennai.
3.The Secretary to Government,
Department of Revenue,
State of Tamil Nadu,
Secretariat, Chennai.
4.The District Collector,
Office of the Collectorate,
Madurai District.
5.The Executive Engineer,
Tamil Nadu Slum Clearance Board,
Madurai Division,
169, K.K.Nagar Main Road,
K.K.Nagar, Madurai ? 625 020.
6.The Additional Chief Secretary/
Land Administrative Commissioner,
Chepauk, Chennai. ...Respondents
(R-6 Suo Motu impleaded vide
Court order dated 05.09.2017)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the respondents 4 and 5
to execute and register a sale deed in favour of the Petitioner premises in
Plot No. 395, Door No. 111, Muniyandi Koil Street, Jawaharpuram, K.Pudur,
Madurai, measuring an extent of 84.56 square meter in Survey No. 2720/1
Madurai North Taluk, Madurai District within the time frame as stipulated by
this Court.
For Petitioner : Mr.A.Anandan
For Respondents 1 & 5 : Mr.P.Mahendran
For Respondents 2 to 4 & 6 : Mr.T.S.Mohammed Mohideen,
Additional Government Pleader
:COMMON ORDER
These writ petitions have been filed, seeking to direct the respondents to execute and register sale deed in favour of the petitioners relating to their respective plots within the time stipulated by this Court.
2.Since the issue in all these three writ petitions is one and the same, they are disposed by way of a common order.
3.According to the petitioners, they were allotted with the subject mentioned plots several years ago by the Executive Engineer and Administrative Officer, Tirunelveli Slum Clearance Board, Tirunelveli. Though the petitioners have paid the entire cost for the same, necessary sale deed has not been executed in favour of the petitioners till date. Since all the steps taken by the petitioners ended in vain, the petitioners are now before this Court, seeking to direct the respondents to execute the sale deed within the stipulated time.
4.This Court earlier ordered notice and upon written instructions received from the authorities concerned, the learned Additional Government Pleader submitted that the Government is considering the claim of the petitioners and on completion of the alienation process to Tamil Nadu Slum Clearance Board, the Board would take immediate steps to execute the sale deed in favour of the petitioners and other beneficiaries as per the guideline of Tamil Nadu Urban Development Project Scheme in Jawaharpuram area in Madurai. The same set of averments are adduced in the Counter also. The letter No.18429/SC2(1)/2017-3, dated 03.10.2017 is placed on record.
5.Under such circumstances, these writ petitions are disposed of with the direction to the respondents to take appropriate action to complete the project within a period of four months from the date of receipt of a copy of this order. No costs.
To
1.The Executive Engineer, TamilNadu Slum Clearance Board, Tirunelveli Division, N.G.O.B.Colony Extension, Perumalpuram, Tirunelveli ? 627 007.
2.The Secretary to the Government, Department of Land Revenue & Administration, Government of Tamil Nadu, Fort St.George, Chennai ? 600 009.
3.The Commissioner of Land Revenue & Administration, Chepauk, Chennai ? 600 005.
4.The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai ? 600 005.
5.The District Collector, Office of the Collectorate Campus, Tirunelveli District, Tirunelveli.
6.The District Revenue Officer, Tirunelveli District, Tirunelveli. .