K.Thilagavel v. The Secretary to Government

ORDER By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

¶2The relief sought in this writ petition is a direction to the respondents to execute a registered sale deed in favour of the petitioners in respect of the subject property.

¶3The case of the petitioners is that the subject property measuring an extent of 4200 sq.ft., bearing Door No.5, Plot No.146, Rajamannar Street, comprised in Survey No.209 (Part), situated at New Vijayaraghavapuram, Saligramam Village, Chennai District, was originally allotted by the 2nd respondent in favour of one Tmt. A.V. Subbulakshmi on 03.10.1987, subject to payment of a sum of Rs.51,000/- in instalments.Subsequently, the original allottee executed a General Power of Attorney dated 18.01.1990 in favour of one Vijayavel, who, in turn, conveyed the property in favour of petitioners 2 to 4 father. Ever since the date of purchase, the petitioners' father has been in possession and enjoyment of the property. According to the petitioners, despite lapse of several decades and full payment having been made, the respondents have failed to execute the sale deed in their favour, which is arbitrary and illegal. Hence this writ petition.

¶4Learned counsel for the petitioners submitted that the property was originally allotted to one Subbulakshmi by the 2nd respondent. All the petitioners discharged the entire dues payable to the respondents and complied with all conditions and the said transfer from the original allottee has also been approved vide proceedings dated 27.12.1995 and the required charges were paid. He further submitted that despite having paid the full amount by the petitioners and their representations, the respondents have not executed the sale deed. Hence, he prayed for an appropriate directions by this Court.

¶5Learned counsel for the respondents 2 and 3 submitted that the petitioners' request would be considered in accordance with law.

¶6Considering the fact that the petitioners have paid the entire amount and the matter has been pending for a long period, this Court is of the view that the claim of the petitioners require consideration.

¶7Accordingly, there shall be a direction to respondents 2 and 3 to consider the petitioners' claim and execute the sale deed, in the light of the orders dated 30.07.2012 passed in W.P. No.18999 of 2003, if the petitioners are otherwise eligible, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case.

¶8The writ petition stands disposed of with the above directions. No costs.

21.04.2026 (2/2) Index : Yes / No Speaking Order / Non-speaking order vsi2

M. DHANDAPANI, J. vsi2 To

¶1The Secretary to Government Housing and Urban Development Department, Fort St.George, Secretariat, Chennai 09

¶2The Chairman The Tamil Nadu Slum Clearance Board, Now renamed as Tamil Nadu Urban Habitat Development Board, No. 5, Kamarajar Salai, Triplicane, Chennai 05

¶3The Managing Director The Tamil Nadu Slum Clearance Board, Now renamed as Tamil Nadu Urban Habitat Development Board, No. 5, Kamarajar Salai, Triplicane, Chennai 05

21.04.2026 (2/2)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.04.2026 CORAM: THE HON'BLE MR. JUSTICE M. DHANDAPANI 1. K.Thilagavel 2. K.Thangaraja 3. K.Palraja 4. K.Gopalraman ..Petitioners Vs 1. The Secretary to Government Housing and Urban Development Department, Fort St.George, Secretariat, Chennai 09 2. The Chairman The Tamil Nadu Slum Clearance Board, Now renamed as Tamil Nadu Urban Habitat Development Board, No. 5, Kamarajar Salai, Triplicane, Chennai 05 3. The Managing Director The Tamil Nadu Slum Clearance Board, Now renamed as Tamil Nadu Urban Habitat Development Board, No. 5, Kamarajar Salai, Triplicane, Chennai 05 ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus to direct the respondents to execute and register a sale deed in favour of petitioners in respect of land measuring 4200 sq.ft comprised in S.No. 209 Part, Bearing Plot No. 146 Door No. 5, Vijayaraghavapuram 8th Cross street, Saligramam, Chennai 600 093 in the light of the orders passed in WP No. 18999 of 2003 dated 30.07.2012 For Petitioners : Mr.N. Naganathan For Respondents : Mr.S. Rajesh Govt. Advocate for R1 Mr.G. Venkatesan for R2 & R3