##PAGE1##

WP No.8018 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI

WP No. 8018 of 2026

And W.M.P.No.8670 of 2026

1.P.J.Mangala kumar

2.M.Ashwin Imanuel

3.M.Angelin Chalce … Petitioner (s)

Vs

1.The Secretary to Government,

Housing and Urban Development,

Government of Tamil Nadu,

Secretariate,

Fort St George,

Chennai-600 009.

2.The Chariman,

The Tamil Nadu Habitat Development Board,

Formally known as Tamil Nadu Slum Clearance Board,

No.5, Kamaraj Salai,

Chennai-600 009.

3.The Managing Director,

The Tamil Nadu Habitat Development Board,

Formally known as Tamil Nadu Slum Clearance Board,

No.5, Kamaraj Salai,

Chennai-600 009.

4.The Executive Engineer,

Division-3,

The Tamil Nadu Habitat Development Board,

T.B.Chatram,

Chennai-600 010.

__________

Page1 of 8

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2026 07:20:05 pm )

WP No.8018 of 2026

5.The Estate Officer,

Estate Office-3,

The Tamil Nadu Habitat Development Board,

T.B.Chatram,

Chennai-600 010.

6.Esther Surendranath ..Respondent(s)

Prayer : Petition filed under Article 226 of the Constitution of India praying for

issuance of Writ of Certiorarified Mandamus to call for the records pertaining to

the impugned proceedings Sa.Mu.Ka.No.E3/8154/2024 dated 4.2.2025 issued

by the 3^rd Respondent, the Managing Director, TNUHDB and quash the last

Paragraph as its relates to directing the 1^st Petitioner and the 6^th Respondent

herein to seek legal remedy in respect of the depute with regard to the right of

ownership for the remaining land to the extent of 111.5 Sq.Mtrs., with the

consequential direction to the Managing Director, TNUHDB, 3^rd Respondent

herein to carry out the name transfer along with the execution of the Sale Deed

in favour of the legal heirs of the allottee deceased Kasthuri, the Petitioners

herein to the remaining extent of 111.5 Sq.Mtrs., in Plot No.1472, G.K.M.

Colony, Chennai-600 082

For Petitioner(s): Mr.C.V.Vijayakumar

For Respondent(s): Mr.Rajendiran,

Addl. Government Pleader for R-1

Mr.S.Karthikeyan for RR-2 to 5

__________

Page2 of 8

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2026 07:20:05 pm )

WP No.8018 of 2026

ORDER

Since separate court fee has been paid by the petitioners,

W.M.P.No.8670 of 2026 filed seeking to grant permission to the petitioners

to file a single writ petition seeking common relief is ordered as prayed for.

2. Challenging the proceedings dated 04.02.2025 of the 3^rd respondent,

insofar as the direction to the 1^st petitioner and the 6^th respondent to seek legal

remedy with regard to the dispute concerning the title to the remaining portion

of the subject property to an extent of 111.5 Sq.Mtrs., the present Writ Petition

has been filed.

3. The 1st petitioner is the father and the 2nd and 3rd petitioners are his

son and daughter respectively. For the sake of convenience, the 1^st petitioner

herein will be referred to as “petitioner”.

4. Brief facts leading to filing of the present petition are as follows:-

It is the case of the petitioners that the subject plot was originally

allotted to one V.M.Subramanian measuring to an extent of about 2400 Sq.Ft by

the Tamil Nadu Slum Clearance Board in the year 1985. Subsequently, in the

year 1994, the said property was allotted in favour of the petitioner’s wife. Out

__________

Page3 of 8

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2026 07:20:05 pm )

WP No.8018 of 2026

of the total extent, one half of the property was constructed by her i.e., 1200

sq.ft while the other half of the property was left vacant. The remaining vacant

portion was allegedly encroached by the 6^th respondent who is none other than

the petitioner’s sister namely Esther Surendranath. As a result of which, a civil

suit came to be filed by the petitioner’s wife in O.S.No.8714 of 1997 before the

XI Assistant city Civil Court, Chennai seeking permanent injunction restraining

the 6^th respondent from interfering with her peaceful possession however, the

said suit was dismissed for default on 19.04.2000.

5. It is the