Madras High Court
A.Lourdunathan vs The Chairman Cum Managing ... on 1 June, 2023
W.A.No.1047 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1047 of 2023
A.Lourdunathan .. Appellant
Vs.
1. The Chairman cum Managing Director
Tamilnadu Slum Clearance Board
Kamarajar Salai, Chennai 5.
2. The Assistant Secretary
Tamilnadu Slum Clearance Board
Kamarajar Salai, Chennai 5.
3. S.Syed Azezullah
4. Sheriff Jati Begum
5. The Sub Registrar
Registration Department
Kodambakkam
Chennai 600 024. .. Respondents
Page 1 of 8
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W.A.No.1047 of 2023
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 21.01.2020 made in W.P.No.28252 of 2012.
For the Appellant : Mr.Venugopal P
For the Respondents : Mr.P.Muthukumar
State Government Pleader
Assisted by Mrs.R.Anitha
Special Government Pleader
for Respondent-5
Ms.A.L.Ganthimathi, S.C.
For Mr.C.Santhosh Kumar
for Respondent-3
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The appellant assails the order passed by the learned Single
Judge dismissing the writ petition.
2. In the writ petition, the appellant has assailed the sale deed
dated 10.06.2011 executed by the Assistant Secretary, Tamil Nadu
Slum Clearance Board, in favour of the respondents 3 and 4.
3. Learned counsel for the appellant submits that the sale
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W.A.No.1047 of 2023
deed has been executed without adhering to the principles of
natural justice. No notice was issued to the appellant while
executing the sale deed in favour of the respondents 3 and 4 or
while issuing the allotment order in favour of the respondents 3 and
4. The Tamil Nadu Slum Clearance Board is an instrumentality
of the State. It is expected that the said Board follows the
provisions of the statute, law and the principles of natural justice.
According to learned counsel, the learned Single Judge has not
considered all these aspects of the matter in the correct perspective
and thereby, has arrived at an erroneous conclusion.
5. We have perused the order of the learned Single Judge.
6. The learned Single Judge has observed that the writ
property was originally allotted to one Perumal. The said Perumal
has obtained sale deed in his name from the Tamil Nadu Slum
Clearance Board. On the basis of the sale agreement, the appellant
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W.A.No.1047 of 2023
has obtained an allotment order from the Tamil Nadu Slum
Clearance Board on 22.05.1989. The third respondent got an
allotment order from the Board in 1994 and also obtained the
registered sale deed on 10.06.2011.
7. It is further observed that admittedly, there is a sale deed
for the property standing in the name of the third respondent. The
third respondent has obtained sale deed. There is also an allotment
order dated 30.10.1994 issued by the Board in favour of the third
respondent. The said allotment order has not been challenged by
the appellant. Pursuant to the allotment, sale deed seems to have
been executed.
8. The dispute also appears to be about the loan amount.
Disputed questions of fact exist between the parties. It has been
observed by the learned Single Judge that if at all the appellant has
any grievance, he has to approach the Civil Court for redressal of
his grievance.
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W.A.No.1047 of 2023
9. We do not find any error in the order of the learned Single
Judge. The disputed questions of fact will have to be proved and the
same can be proved only by adducing evidence before the Civil
Court. More particularly, when the sale deed is the subject matter of
challenge, the appellant has alleged overt acts on the part of the
third respondent pursuant to the loan transaction between him and
the third respondent.
10. In the light of the above and the liberty granted by the
learned Single Judge to approach the Civil Court, we do not find any
error in the order of the learned Single Judge.
11. The writ appeal is disposed of. There will be no order as to
costs. CMP No.10459 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
01.06.2023
Index : Yes/No
Neutral Citation : Yes/No
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W.A.No.1047 of 2023
kpl
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W.A.No.1047 of 2023
To
1. The Chairman cum Managing Director
Tamilnadu Slum Clearance Board
Kamarajar Salai, Chennai 5.
2. The Assistant Secretary
Tamilnadu Slum Clearance Board
Kamarajar Salai, Chennai 5.
3. The Sub Registrar
Registration Department
Kodambakkam
Chennai 600 024.
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W.A.No.1047 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.A.No.1047 of 2023
01.06.2023
https://www.mhc.tn.gov.in/judis
