Mrs. R. Varadambal vs The Chairman, Tamil Nadu Slum Clearance Board

T. Raja, J.—The Petitioner has filed the present writ petition seeking issuance of writ of mandamus directing the Respondent to transfer the

allotment order dated 01.09.2003 made in Na. Ka. No. E3/2692/96 in the name of the Petitioner and further direct the Respondent to regularise

the possession and enjoyment of the Plot No. 942-C, measuring to an extent of 50'' x 40'' in terms of G.O. Ms. No. 991, Housing and Urban

Development, dated 02.07.1982, for the reason that the original allotment was made in favour of the Petitioner''s daughter by name R.

Loganayaki, who belongs to Army family. The original allotment order dated Nil-02-1996 indicated the name of the Petitioner''s real daughter R.

Loganayaki, who unfortunately died on 21.01.2008. At the time of her death, the said Loganayaki was unmarried. Therefore, the Petitioner, being

the mother of the deceased Loganayaki, is entitled to get the transfer of plot in her name as legal heir of the deceased. For that purchase, when the

Petitioner has moved an application, the said application has not been considered till date. Therefore, the Petitioner was constrained to filed the

present writ petition.

Learned Counsel appearing for the Petitioner submitted that the Petitioner, who is the real mother of the deceased Loganayaki, has produced

the relevant records proving that she is the mother of the deceased by supporting the death certificate. Therefore, he contended that it is the duty

cast upon the Respondent to consider her representation and pass appropriate order by re-trasfering the allotment of Plot No. 942-C in the name

of the Petitioner.

In reply, the learned Counsel appearing for the Respondent submitted that it is not the case of the Petitioner that the name of the transfer alone is

sought to be transferred in the application filed by the Petitioner and in addition to that, she is also asking for transfer of some more lands adjacent

to the Plot No. 942-C. Further, he contended that the Petitioner though claimed to have sent representation, there is no acknowledgement

enclosed in the present writ petition, therefore, if the Petitioner moves fresh application along with original application enclosing the copy of this

order, the same would be considered.

Recording the statement made by the learned Counsel for the Respondent, this Court, without going into the merits of the adjacent land, directs

the Petitioner to give one more copy of the original application along with the order of this Court to the Respondent within a period of two weeks

from the date of receipt of a copy of this order and thereafter within four weeks, the Respondent is directed to effect the transfer of Plot No. 942-

C, which is carrying in the name of the deceased Loganayaki, in the name of the Petitioner.

The present writ petition is disposed of with the above direction. No Costs. M.P. No. 1 of 2009 is closed.