SAMUNDEESWARI Vs. S.M. KALEESWARAN AND OTHERS

JUDGEMENT

(1.) As the disputed question of facts in the Second Appeal and the Writ Petition is one and the same, both the cases are taken up for disposal by a common judgment. For the sake of convenience, the parties are referred to as they are ranked in Second Appeal.

(2.) The petitioner in the Writ Petition is the appellant in the Second Appeal. The appellant/Samundeeswari has come up with the present Second Appeal against the judgment and decree dated 11. 10. 2013 passed in A. S. No. 58 of 2012 on the file of the Subordinate Judge, Tambaram, in reversing the fair and decretal order, dated 14. 08. 2012 in I. A. No. 604 of 2012 in O. S. No. 223 of 2011 on the file of the District Munsif, Tambaram. The appellant/Samundeeswari has filed the present Writ Petition seeking a direction to the respondents/Slum Clearance Board to remove the unauthorized and illegal occupation of the respondent/Kaleeswaran from Plot No. 273, Rajiv Gandhi Street, Bharath Nagar, Selaiyur, Tambaram, and for a consequential direction to the respondents/Slum Clearance Board to execute the Sale Deed in respect of Plot No. 273 and hand over vacant possession of the same to her, that has been legally allotted to her.

(3.) It is the case of the appellant/Samundeeswari that originally, the property in respect of Plot No. 273 was allotted to her by the Tamil Nadu Slum Clearance Board vide proceedings No. Se. Mu. No. Rc. 1851/93/A-5, dated October 1993 and she paid the entire sale price in instalments. It is her further case that the 1st and 2nd respondents/Tamil Nadu Slum Clearance Board failed to execute the Sale Deed in her favour. Later, when she visited the Plot, she came to know that the respondent/Kaleeswaran had been occupying the Plot by illegally putting up a superstructure. Despite approaching the 1st and 2nd respondents/Slum Clearance Board to take action against the unauthorized occupant viz. the respondent/Kaleeswaran, no action was taken against him.