High Court · 2025

Writ Petition No.24948 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12.08.2025CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHWrit Petition No.24948 of 20251.S.Thilagavathi, D/o.(Late) S.M.Venkatesan2. Devika, D/o.(Late) S.M.Venkatesan3. D.Amutha D/o.(Late) S.M.Venkatesan4. V.Prabhakaran D/o.(Late) S.M.Venkatesan... PetitionersVs1. The Government of Tamil Nadu, The Secretary to Government, Revenue Department, Secretariat, Chennai – 600 009.2.The Government of Tamil Nadu, The Additional Chief Secretary, and Commissioner of Land Administration, No.5, Kamarajar Salai, Chennai – 600 005.3. The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai – 600 005.4. The District Collector, Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai – 600 001.1/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24948 of 20255. The Estate Officer, Estate Office No.5, Tamil Nadu Slum Clearance Board, T.P. Chathiram, Kilpauk, Chennai – 600 010.6. The Tahsildhar, Aminjukarai Taluk, Chennai District.7. The Assistant Secretary (Plots), Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai – 600 005. ...RespondentsPrayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider the request of the 3rd respondent vide his proceedings in Na.Ka.No.Ni.Aa.1(3)/11027/1994 dated 04.08.2023 in respect of re-classification of land measuring 31.69 mts comprised in Plot No.25, Old S.No.9/2 Part, T.S.No.1, Present T.S.No.1/37, Block No.5, Aminjikarai Village & Taluk, formerly Egmore -Nungambakkm Taluk, Chennai District situated at Venkatasamy Naidupuram Phase – I & II scheme, T.P.Chathiram, Chennai – 10 from the Government Meikall Poramboke into residential House Sites within the time stipulated by this Court. For Petitioner: Mr.L.G.Sahadevan for Mr.A.IlayaperumalFor Respondent : Mr.R.Murthi, Government Advocate [R1, R2, R4 & R6] Mr.S.Karthikeyan, Standing Counsel [R3, R5 & R7] *****2/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24948 of 2025O R D E RThis writ petition has been filed for issuance of a writ of mandamus directing the first respondent to take a decision on the proceedings of the third respondent dated 04.08.2023 in respect of reclassification of the subject land.2. The case of the petitioners' is that the third respondent through proceedings dated 01.03.1985 allotted the subject property in favour of the father of the petitioners. He paid the entire monthly installments and the No Objection Certificate was also issued by the competent authority with respect to Plot No.25. However, the third respondent has failed to execute the sale deed in favour of the petitioners' father. The petitioners' father filed W.P.No.9547 of 2013 for a direction to execute the sale deed in respect of Plot No.25. This writ petition was disposed of on 25.06.2013 to consider and take a decision in eight(8) weeks.3. Pursuant to the above order, the third respondent through proceedings dated 19.07.2013 informed that Plot No.25 was not transferred by the fourth respondent and hence, the third respondent informed that he is awaiting transfer by the fourth respondent.3/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24948 of 20254. The petitioners' father filed W.P.No.22073 of 2014 for an approval for proposal of transfer and for execution of sale deed in respect of plot No.25. This writ petition was disposed of based on an undertaking given by the respondents. Thereafter, for some of the persons, the sale deed was executed, whereas, no sale deed has been executed in favour of the petitioners' father.5. The petitioners' father filed W.P.No.6122 of 2017 for the relief of execution of sale deed. During the pendency of this case, G.O.Ms.No.506, Revenue & Disaster Management Department came to be passed, wherein it was informed that the Phase – I and Phase -II has been reclassified by accepting the proposal of the Tamil Nadu Slum Clearance Board and whereas some portion of the plot No.25 was not converted. The writ petition was disposed of by an order dated 16.08.2022.6. The petitioner's father died on 19.02.2024 and after his demise, the petitioners' started following up and they made a representation dated 17.12.2024 to execute the sale deed. Since the same was not considered, the petitioners' filed contempt petition No.823 of 4/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24948 of 20252025. During the pendency of the contempt petition, it was informed by the third respondent that, only the portion of plot No.25 to the extent of 63.31 sq.mts. was reclassified and the remaining portion is pending at the stage of proposal. The seventh respondent executed the sale deed dated 07.04.2025 for the land measuring an extent of 63.31 sq.mts and recording the same, the contempt petition was also closed on 28.03.20257. There was no action taken for reclassification of the remaining land and therefore, the petitioners' submitted a representation on 28.06.2025 seeking for reclassification of the land. Since the same was not considered, the present writ petition has been filed. When the writ petition was came up for hearing today, the written instructions received from Joint Secretary, Revenue and Disaster Management Department, was placed before this Court. The relevant portions are extracted hereunder:“10. In the reference 4th cited, Tmt.S.Thilagavathi and 3 Others gave a representation with a request to reclassify the land measuring 31.69 sq.mts comprised in T.S.No.1/37, Block No.5, Aminjikarai Village and Taluk, Chennai District at Door No.243/135, Plot No.25, 2nd Street, Venkatasamy Naidupuram Phase -II Scheme, 5/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24948 of 2025Chennai-10 from Government Meikkal Poramboke to residential area land.11. Now the W.P.No.24948 of 2025 filed by Tmt.S.Thilagavathi and 3 others before Hon'ble High Court of Madras with a prayer for directing the 1st respondent to consider the request of the 3rd respondent vide his proceedings in Na.Ka.No.Ni.Aa.1(3)/11027/1994 dated 04.08.2023 in respect of re-classification of land measuring 31.69 mtrs comprised in Plot No.25, Old S.No.9/2 part, T.S.No.1, present T.S.No.1/37, Block No.5, Aminjikarai Village and Taluk, formerly Egmore-Nungabakkam Taluk, Chennai District situated at Venkatasamy Naidupuram Phase -I and II Scheme, T.P. Chathiram, Chennai -10 from the Government Meikkal, Porombokke into Residential House sites within the time stipulated by this Hon'ble Court. The above representation was forwarded to District Collector,Chennai and MD, TNUHDB for their remarks.”8. It is very clear from the above, that the first respondent has forwarded the representation to third and fourth respondents for their remarks and on receipt of the same, the first respondent will have to pass necessary orders by issuing Government Order.6/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24948 of 20259. Taking into consideration the facts and circumstances of the case and the submissions made on either side, there shall be a direction to the first respondent to take a final decision on its own merits and in accordance with law within a period of eight(8) weeks from the date of receipt of a copy of this order and intimate the same to the petitioners. Depending upon the decision taken by the first respondent, the petitioners' can approach the third respondent for the purpose of execution of sale deed. 10. With the above directions, the writ petition is disposed of. No costs. 14.08.2025Index:Yes/NoSpeaking Order/Non-speaking orderNeutral Citation:Yes/NompTo1. The Government of Tamil Nadu, The Secretary to Government, Revenue Department, Secretariat, Chennai – 600 009.2.The Government of Tamil Nadu, The Additional Chief Secretary, and Commissioner of Land Administration, No.5, Kamarajar Salai, Chennai – 600 005.7/8 https://www.mhc.tn.gov.in/judis Writ Petition No.24948 of 2025N.ANAND VENKATESH, Jmp3. The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai – 600 005.4. The District Collector, Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai – 600 001.5. The Estate Officer, Estate Office No.5, Tamil Nadu Slum Clearance Board, T.P. Chathiram, Kilpauk, Chennai – 600 010.6. The Tahsildhar, Aminjukarai Taluk, Chennai District.7. The Assistant Secretary (Plots), Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai – 600 005.Writ Petition No.24948 of 202512.08.20258/8