LAWS(MAD)-2008-8-137

A VASANTHA Vs. TAMIL NADU SLUM CLEARANCE BOARD

Decided On August 18, 2008
A. VASANTHA Appellant
V/S
TAMIL NADU SLUM CLEARANCE BOARD REP. BY ITS CHAIRMAN Respondents

JUDGEMENT

(1.) PETITIONER seeks writ of certiorafied mandamus to quash the orders passed by the 2nd Respondent in Se. Mu. Ka. No. 2448/2003/b2, dated 02. 12. 2005 and for appropriate direction.

(2.) PLOT No. 161 to an extent of 97. 22 Sq. Mtr. in Erumapalayam Housing Scheme was allotted to Rangan (father of Petitioner ). After the death of Rangan, the Petitioner, 3rd Respondent and their mother and brothers and sisters, who are legal heirs of Rangan became entitled to the property.

(3.) CASE of Petitioner is that there was a family arrangement and settlement in the family and 3rd Respondent has relinquished his rights over the property in favour of the Petitioner and he has also given "no Objection Certificate" to the 2nd Respondent/board. By the proceedings in Na. Ka. No. 2448/2003/b2, dated 17. 03. 2004 the allotment was transferred in the name of the Petitioner. Consequent to "no Objection Certificate" issued by the 2nd Respondent, the Petitioner has also obtained Electricity Service Connection from Tamil Nadu Electricity Board and made regular payments. By the impugned proceedings in Se. Mu. KA. No. 2448/2003/b2, dated 02. 12. 2005, 2nd Respondent cancelled the earlier order dated 17. 03. 2004. and ordered restoration of joint allotment in the names of Petitioner and 3rd Respondent. The Petitioner challenges the same contending that the impugned order of the 2nd Respondent is a non-speaking order and is in violation of principles of natural justice and unsustainable.