The need for executives to exercise their powers vigilantly and effectively in accordance with the Act and the Rules.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the first respondent to execute a Sale Deed in favour of the petitioner.)

The writ on hand has been instituted to direct the first respondent to execute a Sale Deed in favour of the writ petitioner.

2. The petitioner states that her deceased husband late Mr.K.C.Sridhar was granted license to run an Eating House under the name and style of ''Loyala Fast Foods'' at the premises No.37/15, Nelson Manickam Road, Choolaimedu, Chennai-600 094. The husband of the writ petitioner was in possession and enjoyment of the said commercial premises, which admittedly belongs to the Tamil Nadu Slum Clearance Board, presently renamed as ''Tamil Nadu Urban Habitat Development Board''.

3. The second respondent Smt.K.Usha is the allottee of the said property and the writ petitioner states that she had purchased the subject property from the second respondent. However, the Slum Clearance Board has not executed any Sale Deed so far in favour of the second respondent allottee and under these circumstances, the learned counsel for the petitioner contended that the petitioner, being the purchaser of the subject property from the second respondent, the first respondent ought to have accepted the Sale Deed in favour of the writ petitioner. That apart, the name of the writ petitioner has been recognised as an allottee by the Slum Clearance Board and therefore, the Sale Deed is to be executed in the name of the writ petitioner. Since the approach of the writ petitioner went in vain, she is constrained to move the present writ petition.

4. The learned Standing Counsel appearing on behalf of the first respondent, raised an objection by stating that the writ petitioner is not an allottee. The petitioner admits that she purchased the subject property from the second respondent, who was the original allottee by the first respondent/Slum Clearance Board. While-so, the sale of subject property by the second respondent to the writ petitioner itself is in violation of the provisions of the Statute and the Rules in force and also in violation of the conditions of allotment.

5. It is brought to the notice of this Court that presently another third person, namely. one Mr.Charles is in occupation of the premises unauthorisedly and running a Restaurant, who is an encroacher and the first respondent/Slum Clearance Board has not initiated action to evict the unauthorised occupant from the said premises.

6. The learned counsel appearing on behalf of the second respondent referring the counter-affidavit filed by the first respondent stated that the second respondent is the original allottee and the board by its proceedings Va.Se.Mu.Ka.No.36270/93/E3 dated 20.01.1994 allotted the subject property in favour of the second respondent and the name in the Allotment Register was changed as Tmt.Uma Maheswari (writ petitioner) by Board proceedings dated 03.11.2004. However, there is no evidence that the allotment order in the name of the petitioner is available on records. The petitioner also has not produced any document to show her possession in Plot No.57-A. The original allottee has rented the premises for commercial purposes, which is in violation of the Board''s Rules and procedures.

7. Perusal of the facts would reveal that several irregularities and illegalities both by the allottee as well as by the officials of the Slum Clearance Board. The counter itself states that in the Allotment Register, the name of the second respondent was subsequently changed as Tmt.Uma Maheswari, who is the writ petitioner herein and there is no evidence of allotment order in the name of the writ petitioner is available on records. Thus, there is a possibility of tampering of records and in this regard, the first respondent-Board is bound to conduct an enquiry and initiate appropriate actions against the officials, who all are responsible and accountable for the mainten