LAWS(MAD)-2012-7-401

S AROKIAM Vs. CHAIRMAN OF TAMIL NADU SLUM CLEARANCE BOARD

Decided On July 30, 2012
S AROKIAM Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) A slum dweller, who has paid the entire sale consideration for purchase of the plot, allotted to him, under the Madras Urban Development Project II promoted by the Slum Clearance Board, Chennai, has sought for a Mandamus, directing the Chairman, Tamil Nadu Slum Clearance Board, Chennai, the respondent herein, to execute and register a sale deed in respect of the premises bearing Door No.1, Plot No.323, measuring an extent of 3.88 Sq.Mts, Ambedkar Street, Karunanidhi Nagar, Ullagaram, Chennai-61.

(2.) IT is the case of the petitioner that he was allotted the above plot, vide proceedings No.82/92/A.A.7, dated 10.04.1992 of the Chairman, The Slum Clearance Board, for value of Rs.40,950/-. As per the allotment, the petitioner has to pay the sale price in monthly instalments of Rs.465/-. To get electricity and sewerage connections, he has obtained the prior permission from the respondent. No objection certificate has been granted for constructing a house, by availing loan from the Financial Institutions.

(3.) .Though the writ petition is pending for nearly nine years, no counter affidavit has been filed. However, on the basis of the instructions furnished by the Assistant Secretary (Tenements), Tamil Nadu Slum Clearance Board, Chennai, Mr.K.V.Dhanapalan, learned Additional Government Pleader for the respondent submitted that earlier, the Government have issued orders in G.O.Ms.No.1117, Housing and Urban Development Department, dated 27.06.1979, for development of lands occupied by slum dwellers, in slum areas of Madras and other areas and orders were also issued for grant of conditional patta to Slum dwellers on hire purchase basis. He further submitted that subsequently, the Government have issued orders in G.O.Ms.No.1911, Revenue Department, dated 28.08.1998, permitting the Slum Clearance Board, Chennai to enter into Government poramboke lands even under banned categories for carrying out the slum improvement programmes.