The legal principle established is that in property disputes, the appropriate remedy lies within the jurisdiction of the Civil Court for specific performance and inheritance claims.

1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of mandamus directing the respondents to execute the sale deed in favour of the petitioner in respect of the property situate at B 516, EWS Quarters, Phase I, Ambattur, Madras.

2. In support of the writ petition, it has been pleaded as under:

1. I am the wife of Mohanarangan. He had been allotted plot No. B 516, EWS Quarters, Phase I, Ambattur. The allotment made in his favour in the year 1994. After paying considerable amount he was found missing from 7.7.2001. Hectic search was made for securing him and it is of no use. Complaints were made to the Police and they have also filed a final report saying that they are unable to secure him. I crave leave of this Hon'ble Court to refer to the Cr. No. 820 of 2001. I am now living with 4 of his children. My husband had been allotted Plot N o. B 516, EWS Quarters. I have paid Rs. 4000/-being the balance of amount payable to the Tamil Nadu Housing Board. The amount was paid on 8.6.2010. When I had sought for the sale deed, the Board had asked for the legal heir certificate and the report of the police.

2. I gave document furnished by the police and at that time a demand was made for the copy from the High Court declaring that we are the legal heirs of the said Mohanarangam. While I was taking steps for securing the records, the board has played fraud by attempting to transfer the property that stood in the name of my husband to third parties. This was done by Mr.Jayapaul, Executive Engineer at the intance of Andrews, the DMK councilor and Murugan, Treasurer of the local DMK wing. When I met the executive engineer, he had asked Mr. Andrews to go over to the office and the latter had called upon me to receive Rs.40,000/- and quit the place.

3. I am suffering deeply along with the children. We have no other place to stay. Except this property we have no other place. I have paid the entire amount and was expecting the sale deed in my favour as well as guardian of the children. The 2nd respondent is not clear in what he is saying wherever I am seeking for the deed of sale in his favour. I have lodged complaint against the said Jayapaul with the Board as well as to the Chief Minister of Tamil Nadu. My grievance is that when the entire amount is paid there is no legal embargo for the respondents to have the sale deed executed in my favour. After all the rights of the petitioner and her children to have the sale deed in their favour is assured and it is the duty of the Board to ensure that the proper person has the benefit of the sale.

4. In the present case, the 2nd respondent taking advantage of the hapless situation of the petitioner has embarked in an illegal mission of knocking off with the property to politically unscrupulous elements. I state that when the board has collected the entire amount there is no legal embargo in executing the sale deed. Inasmuch as the respondent board is raising untenable and flippant plea for discharging the duties, I am constrained to approach this Hon'ble Court for redressal. I am unsure whether the property had been dealt with in favour of the third parties. As far as I am concerned or that of my husband, we have not entered into any arrangement with third parties warranting such transfer.

5. Hence, the writ petition on the following among other grounds'

i. that the respondent No.1 is duty bound to execute the sale deed in favour of the petitioner and her children being the legal heirs of the said Mohanarangan

ii. When the respondents have collected the entire amount from the petitioner it has no legal or moral right to withhold the execution of the sale deed.

iii. That the respondents are under an obligation to ensure that the rightful person enjoys the property and it cannot associate itself with political personalities to knock off the property from the legal owners. Scientific land grabbing should not be indulged by the Board with the assist