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2012 Supreme(Mad) 3333

High Court of Judicature at Madras
S. MANIKUMAR
S. Arokiam
Versus
Chairman, Tamil Nadu Slum Clearance Board, Chennai & Another
W.P.NO.18999 OF 2003
Decided on : 30-07-2012

Advocates appeared:
For the Petitioner:V. Raghavachari, Advocate.
For the Respondent: R.P. Kabilan, AAG.

Judgment :-

1. A slum dweller, who has paid the entire sale consideration for purchase of the plot, allotted to him, under the Madras Urban Development Project II promoted by the Slum Clearance Board, Chennai, has sought for a Mandamus, directing the Chairman, Tamil Nadu Slum Clearance Board, Chennai, the respondent herein, to execute and register a sale deed in respect of the premises bearing Door No.1, Plot No.323, measuring an extent of 3.88 Sq.Mts, Ambedkar Street, Karunanidhi Nagar, Ullagaram, Chennai-61.

2. It is the case of the petitioner that he was allotted the above plot, vide proceedings No.82/92/A.A.7, dated 10.04.1992 of the Chairman, The Slum Clearance Board, for value of Rs.40,950/-. As per the allotment, the petitioner has to pay the sale price in monthly instalments of Rs.465/-. To get electricity and sewerage connections, he has obtained the prior permission from the respondent. No objection certificate has been granted for constructing a house, by availing loan from the Financial Institutions.

3. The petitioner has further submitted that he has complied with all the requirements, as per the Lease-cum-Sale Agreement, dated 27.03.1999. The entire sale consideration of the plot has also been paid and there is no arrears, either towards instalments or other charges. Though the petitioner has represented to the authorities to execute a sale deed in his favour and also expressed his willingness to bear all the expenses, that may be incurred for the registration of the sale deed, there was no response. Being aggrieved by the same, the petitioner has sent a Lawyer's notice, dated 23.04.2003. Though the notice has been acknowledged, there was no reply. According to the petitioner, having received the entire sale consideration, the respondent ought to have executed the sale deed and thus has failed to discharge his duties and therefore, left with no other option, he has come forward with the present writ petition for a Mandamus, as stated supra.

4. Though the writ petition is pending for nearly nine years, no counter affidavit has been filed. However, on the basis of the instructions furnished by the Assistant Secretary (Tenements), Tamil Nadu Slum Clearance Board, Chennai, Mr.K.V.Dhanapalan, learned Additional Government Pleader for the respondent submitted that earlier, the Government have issued orders in G.O.Ms.No.1117, Housing and Urban Development Department, dated 27.06.1979, for development of lands occupied by slum dwellers, in slum areas of Madras and other areas and orders were also issued for grant of conditional patta to Slum dwellers on hire purchase basis. He further submitted that subsequently, the Government have issued orders in G.O.Ms.No.1911, Revenue Department, dated 28.08.1998, permitting the Slum Clearance Board, Chennai to enter into Government poramboke lands even under banned categories for carrying out the slum improvement programmes.

5. Insofar as the property in Ullagaram Village is concerned, learned Additional Government Pleader submitted that the Board has resolved to approve the budget estimate to the tune of Rs.50.60 lakhs for carrying out developmental works in 8 slum areas, covering 3480 families under M.U.D.P.II., Project and Karunanidhi Nagar of Ullagaram Village, was one among the area, for which, a budget estimate to the tune of Rs.19.40 Lakhs was approved for carrying out the developmental works, with the aim of benefitting 1300 families.

6. Learned Additional Government Pleader further submitted that as per G.O.Ms.No.1117, Housing and Urban Development Department, dated 27.06.1979, Government lands may be developed under M.U.D.P.II and that the Slum dwellers executed Lease-cum-Sale Agreement. As per the scheme, the Special Tahsildar for M.U.D.P., was to prepare layout in "as is where is" condition basis and furnish the list of beneficiaries to the Tamil Nadu Slum Clearance Board who would collect the land cost along with developmental charges, from the slum dwellers and that






























































































































































































































































































































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