IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2022

CORAM:

THE HON'BLE MR. JUSTICE M.DHANDAPANI

W.P.No.9006 of 2013

K.Veeraghavan

....Petitioner

Versus

1. The Tamil Nadu Slum Clearance Board,

Rep. By its Managing Director,

No.5, Kamaraj Salai,

Chennai – 5.

2. The Estate Officer,

The Tamil Nadu Slum Clearance Board,

Estate Office No.VIII,

Sivalingapuram,

K.K.Nagar,

Chennai – 78.

3. The Secretary to Government of Tamil Nadu

Housing and Urban Development Department,

State of Tamil Nadu,

Secretariat,

Fort St. George,

Chennai.

4. The Assistant Secretary,

Law Department,

Tamil Nadu Slum Clearance Board,

No.5, Kamaraj Salai,

Chennai – 5.

5. The Chairman,

Tamil Nadu Slum Clearance Board,

No.5, Kamaraj Salai,

Chennai.

R5 is suo-motu impleaded as per order

dated 26.09.2016

6. K.Chandrabose

R6 is suo-motu impleaded as per order

dated 25.11.2016

https://hcservices.ecourts.gov.in/hcservices/

7. Alice

8. Jhon Samuel

9. C. Joseph Israel

10. C. Joshua Daniel

...Respondents

R7 to R10 impleaded vide order dated 05.01.2021

in WMP No.16806 of 2020.

Writ Petition filed under Article 226 of the Constitution

of India to issue Writ of Mandamus directing the respondent to

execute and register a sale deed in favour of the petitioner in

respect of the commercial plot bearing No.2762, Shop No.5/A, New

No.57, K.K. High Road, M.G.R. Nagar, Chennai – 600 078 measuring

to an extent of 1.88 sq. mts developed under Madras Urban

Project Development of M.G.R. Nagar Scheme.

For Petitioner : Mr.T.R. Rajagopalan

Senior Counsel

for Mr.R.Anandha Babu

For Respondents: Mr.S.Prabhu

for TNSCB for RR1, 2, 4 and 5

Mr.A. Anandan,

Government Advocate for R3

Mr.AR.L. Sundaresan

Senior Counsel for

Mr.S.Ravishankar for R7 and R8

Mr.V.Chockalingam for R9

ORDER

This writ petition has been filed for issuance of a

direction to the respondent to execute and register a sale deed

in favour of the petitioner in respect of the commercial plot

bearing No.2762, Shop No.5/A, New No.57, K.K. High Road, M.G.R.

Nagar, Chennai – 600 078 measuring to an extent of 1.88 sq. mts

developed under Madras Urban Project Development of M.G.R. Nagar

Scheme.

2. The case of the petitioner is that he was allotted a

commercial plot bearing No.2762 Shop No.5/A, New No.57, K.K.

High Road, M.G.R. Nagar, Chennai developed under Madras Urban

Project Development by the Tamil Nadu Slum Clearance Board vide

Proceedings of the Collector, Chennai in No.193 of 1993, dated

06.04.1993, measuring an extent of 188 sq. mts. which has been

wrongly mentioned in the affidavit as 1.88 sq.mts. Thereafter,

Lease-cum-Sale Agreement was entered on 26.04.1993 and on the

same day itself, he has deposited Rs.89/- as token of

acceptance. Subsequently, on receipt of confirmation letter by

https://hcservices.ecourts.gov.in/hcservices/

way of proceedings issued by the 5^th respondent, he paid the

total sale price of Rs.37,600/- in equal monthly instalments

commencing from 01.07.1993 for a period of ten years along with

other charges viz., development and maintenance charges. It is

further averred that he has paid the tax payments and obtained

no objection certificate as well as electricity and sewage

connections from the respective authorities and thus, he

complied with all the requirements stipulated under the said

Agreement and the final instalment has also been paid on

23.03.2012. In such a scenario, he submitted a representation to

the 3^rd respondent on 06.07.2012 for execution of sale deed in

his favour, which has not been responded till date. Hence, he

come up before this Court by filing the present writ petition.

3. Mr.T.R.Rajagopalan, learned Senior counsel assisted by

Mr.R.Anandha Babu appearing for the petitioner submitted that

the said commercial plot has been allotted by the respondents /

Tamil Nadu Slum Clear