2024:MHC:1903 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.10724 of 2024 Kanagaraj ... Petitioner Vs.

The Chairman, Tamilnadu Slum Clearance Board, Chennai – 600 005. ... Respondent Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the respondent herein to issue allotment order for the land bearing in Plot No.116, situated at Door No.213, Gandhi Main Road, Thillaiyadi Valli Nagar, Thirumangalam, Chennai – 600

040, based on the petitioner's application dated 20.06.2023.

For Petitioner : Mr.N.Sairam Ganapathi For Respondent : Mr.K.Tippu Sulthan for Mr.B.Balaji Standing Counsel for TNUHDB

O R D E R

The writ of mandamus has been instituted to direct the respondent to issue allotment order for the land bearing Plot No.116, situated at Door No.213, Gandhi Main Road, Thillaiyadi Valli Nagar, Thirumangalam, Chennai – 600 040, based on the petitioner's application dated 20.06.2023.

2. The petitioner states that the land belonged to Tamil Nadu Slum Clearance Board (re-named as Tamil Nadu Urban Habitat Development Board) was originally alloted in favour of one Mrs.Govindhammal. She was in possession of the house site alloted by the Slum Clearance Board. The said Mrs.Govindhammal in violation of the Slum Clearance Board Act and Rules illegally sold the property in favour of the petitioner and it was not informed to the Board also. The Sale become invalid, since it was not approved by the Slum Clearance Board. After purchase of the house site from the original allottee, the petitioner submitted an application to the Slum Clearance Board to regularise the sale effected by the original allottee. The Board Authorities have not regularised nor approved. Therefore, the present writ petition came to be instituted.

3. Mr.N.Sairam Ganapathi, learned Counsel appearing on behalf for the petitioner would submit that the Board Authorities have received some payment from the petitioner for regularization. Therefore, they are bound to regularise the site.

4. Per contra, Mr.K.Tippu Sulthan, learned Counsel appearing on behalf of the Board would oppose by stating that such payments received cannot be for the purpose of regularization, since there is no provision under the Statute and Rules to regularize the illegal sale by the original allottee in favour of their parties. If at all, any payment has been made by any person and Authorities, if found that such payments are erroneously received or paid, the said amount is to be returned to the person concerned and regularisation of sale cannot be done, since the sale itself become invalid.

5. In the absence of provision under the Statutes and Rules in force, the Authorities are not empowered to regularize the illegality, more specifically, when sale has been effected by the original allottees in an illegal manner. The only way out for the petitioner is to submit a fresh application, if he is otherwise eligible for allotment under the Act and Rules. In the event of receiving any such application, the said application is to be scrupulously considered in accordance with the provisions of the Act and Rules. However, illegality cannot be a ground to seek a relief of regularization of allotment, which will cause infringement of the right of all other eligible applicants, who all are longing to secure allotment in the order of seniority and in accordance with the provisions of the Act and Rules in force. Therefore, Court cannot extend its assistance in support of such illegalities in the matter of allotment of tenements and house sites by the Tamil Nadu Slum Clearance Board.

6. The Board was constituted with a noble object of providing tenements to the homeless poor people across the State of Tamil Nadu. The object sought to be achieved at no circumstances be diluted least by the Authorities working in the Board. Therefore, illegality, irregularity, dereliction of duty, collusion and n