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T. RAJA, SATHI KUMAR SUKUMARA KURUP
Kamalam – Appellant
Versus
Punithavalli – Respondent
JUDGMENT
(Common Prayer: Writ Appeals have been filed under Section 15 of Letter of Patent against the common order passed by the learned Single Judge in W.P.Nos.79 of 2004 and 6103 of 1999, dated 03.02.2015.)
Common Judgment
1. Mrs.Kamalam/appellant herein is the fourth respondent in W.P.No.79 of 2004. Mrs.Punithavalli/first respondent herein is the writ petitioner in both writ petitions.
2. W.P.No.6103 of 1999 was filed seeking for issuance of a writ of mandamus to direct the respondents 2 and 3/Slum Clearance Board to execute a Sale Deed in her favour. W.P.No.79 of 2004 was filed challenging the proceedings dated 23.06.2003 made in Se.Mu.Ka.No.6431/E3/03 of the Chairman, Tamil Nadu Slum Clearance Board. Learned Single Judge, by the impugned common order dated 03.02.2015, allowed both the writ petitions. Aggrieved by the same, Mrs.Kamalam has filed these two writ appeals.
3. It is submitted by the learned counsel for the appellant that the Tamil Nadu Slum Clearance Board has allotted Plot No.173, Second Cross Street, Dr.Ambedkar Nagar, Kolathur, Chennai – 9, comprised in Old S.No.53/1, now R.S.No.11612(part) of Kolathur Village, measuring an extent of 40.5 sq.mtrs. under an allotment
The importance of documentary evidence, such as consent declarations and undertakings, in resolving property disputes.
The Court emphasized the eligibility of long-term residents for allotment and the responsibility of TNSCB officials in managing allotted lands.
The court emphasized the need to consider the living conditions and rights of the slum dwellers and directed the respondents to allot the plots to the petitioners after verifying their documents and ....
The need for executives to exercise their powers vigilantly and effectively in accordance with the Act and the Rules.
Encroachers cannot claim additional land beyond allotted plots under the Tamil Nadu Urban Development Project, as the Scheme is designed to protect the livelihoods of landless poor without conceding ....
The trial court must consider both parties' evidence regarding title and possession in property disputes, adhering to eviction procedures as stipulated in relevant legislation.
The court reaffirmed that personal laws govern inheritance claims despite statutory provisions; fraudulent documents invalidate subsequent property claims.
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