Madras High Court
V.Padma vs The Managing Director on 2 March, 2022
W.P.No.26805 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.26805 of 2017
V.Padma .. Petitioner
Vs.
1. The Managing Director,
The Tamil Nadu Slum Clearance Board,
Kamaraj Salai, Chennai - 600 005.
2. The Estate Officer,
Phase VI, The Tamil Nadu Slum Clearance Board,
Mandaveli, Chennai.
3. V.Arunagiri .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus directing the respondents 1 and 2 to conduct
enquiry and take actions by passing the appropriate orders in Petition
No.E6/5663/2016, pending on the file of the first respondent within the time
limit that may be fixed by this Court.
For Petitioner : Mr.V.Tamizhselvan
For Respondents 1 & 2 : Mr.S.Prabu
For Respondent 3 : Mr.A.P.Sathyamurthy
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W.P.No.26805 of 2017
ORDER
This writ petition has been filed seeking a direction to the respondent
Slum Clearance Board to consider the petitioner's application filed under
Section 29 of the Tamil Nadu Slum Ares (Improvement and Clearance) Act,
1971, (hereinafter referred to as the 'Act') seeking permission to file a suit for
partition against the third respondent.
2. The grievance of the petitioner is that the petitioner's husband was
originally alloted a tenement by the Slum Clearance Board and after his
demise the third respondent, who is none other than his son has occupied the
entire property. In the above circumstances, the petitioner and her daughters
intend to file a suit for partition, however under Section 29 of the Act
previous permission in writing has to be obtained from the Slum Clearance
Board and hence the petitioner approached the respondent Slum Clearance
Board with an application seeking permission, but so far permission was not
granted, hence the present writ petition has been filed.
3. The learned counsel appearing for the Slum Clearance Board,
submitted that for filing suit for partition, no permission is required. He
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W.P.No.26805 of 2017
further submitted that for filing suit for eviction only permission is required
under Section 29(1) of the Act. As it is purely a civil dispute between the
petitioner and her son, the Slum Clearance Board has not taken any steps to
evict him under Section 29(1) and therefore no permission is required under
the Act for filing a suit for partition.
4. I have considered the rival submissions.
5. The case of the petitioner is that the petitioner not only wants to file
a suit for partition, but also seeking possession from the third respondent and
also for eviction of the third respondent. As the petitioner is seeking for
eviction of the third respondent, prior permission of the slum clearance
board is required. This Court has also held that such permission is required
at least at the time of filing Execution Petition. In Vijayalakshmi Vs.
Pushparani reported in (2011) 6 MLJ 642 this Court has held as follows:
"22. I would like to point out that such an
argument cannot be countenanced for the reason
that once a final decree is passed after dividing the
property by metes and bounds, then the parties are
entitled to file directly E.P and take possession. So,
if half share by metes and bounds is allotted to each
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W.P.No.26805 of 2017
of the parties, then the parties who are not allotted
shares could be got vacated with the help of such a
decree. Hence, a word of caution has to be left
here, for the reason that unless the plaintiff
approaches the authority concerned under Section
29 of the Tamil Nadu Slum Areas (Improvement
and Clearance) Act, 1971 and gets permission, the
question of evicting D1 and D2 would not arise and
that is found exemplified and demonstrated in the
aforesaid decisions. Apart from this, there is no
other defect in the judgments and decrees of both
the Courts below.
23. Accordingly, the judgments and decrees
of the Courts below shall stand modified slightly to
the effect that only possessory right should be got
divided into two shares and accordingly the parties
are at liberty to see for final decree and final
decree could be passed and before executing the
final decree, it is for the plaintiff or the defendants
3 to 6 as per the case may be to approach the
authority under Section 29 of the Tamil Nadu Slum
Areas (Improvement and Clearance) Act, 1971 and
get suitable orders."
6. Considering the above circumstances, as rightly contended by the
learned counsel appearing for the petitioner, since the suit is not only for
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W.P.No.26805 of 2017
partition but also for recovery of possession, which ultimately involves
eviction of the third respondent, the petitioner necessarily has to get
permission from the first respondent. Hence, this writ petition is disposed of
directing the first respondent to consider the petitioner's application and after
hearing the necessary parties pass suitable orders on merits and in
accordance with law within a period of twelve weeks from the date of receipt
of a copy of this order. This writ petition is disposed of accordingly. No
costs.
02.03.2022
Index: Yes / No
kk
To
1. The Managing Director,
The Tamil Nadu Slum Clearance Board,
Kamaraj Salai, Chennai - 600 005.
2. The Estate Officer,
Phase VI, The Tamil Nadu Slum Clearance Board,
Mandaveli, Chennai.
https://www.mhc.tn.gov.in/judis
W.P.No.26805 of 2017
V.BHARATHIDASAN, J.
kk
W.P.No.26805 of 2017
02.03.2022
https://www.mhc.tn.gov.in/judis
