The High Court dismissed petitions challenging conditions imposed by the Tamil Nadu Slum Clearance Board for the outright purchase of a shop. The Board required the petitioner to clear rent arrears and withdraw pending appeal cases. The court held that the petitioner is barred from purchase until dues are paid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.NOS.22150 OF 2004 AND 8555 OF 2006 AND M.P.NOS.26809 OF 2004 AND 9504 OF 2006
Dr.A.R.Abdul Rafeek ... Petitioner in both W.P's
.Vs.
... Respondents 1 & 2 in W.P.No.22150 of 2004
Fort St. George, Chennai - 600 009.
PRAYER IN W.P.NO.22150 OF 2004:-
The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the respondents relating to
the order dated 07.07.2004 issued by the first respondent in Rc.No.2730/98/B2, which has culminated in the proceedings dated 20.07.2004 bearing Ref.No.m/v.m3/160/97 issued by the second respondent and quash the entire proceedings.
PRAYER IN W.P.NO.8555 OF 2006:-
The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the respondents relating to the order dated 20.05.2005 issued by the second respondent bearing R.C.No.17204/00/B2 and quash para 5 of the same insofar as it imposes the pre-condition of withdrawal of cases and payment of dues on that basis for considering sale on out right basis for considering and to call for the consequential order of the second respondent dated 01.02.2006 bearing Ref.No.Na.Ka.N/ 14878/2005 and quash the same and consequently direct the second respondent to sell the shop No.60 in the Thirumangalam Commercial Complex to the petitioner @ Rs.2,300/- per sq.ft by executing Sale Deed on receipt of the sale amount from the petitioner.
(Prayer amended as per order dated 19/04/2013 in W.M.P.No.110 of 2013 in W.P.No.8555 of 2006)
For Respondents : M/s.D.Latha in both W.P's. Standing Counsel
The case of the petitioner is that vide order dated 03.10.1991 passed by the Secretary Housing & Urban Development Department, the petitioner was alloted Shop No.60, which is used by the petitioner for his clinic purpose, on a monthly rent of Rs.3,591/- with certain terms and conditions that on expiry of initial period of two years, the extension was granted for a further period of two years each from 1992, on the condition that there will be an enhancement of rent after the first two years and the area alloted should not be used for any gambling or antisocial purpose and should be used exclusively for commercial purposes and not for residential use.
same from 1992. The petitioner indicated his willingness to continue for a further period of two years.
“14. As rightly stated in the impugned order, the Board's resolution No.91 dated 28.05.1993, has been implemented for reducing the rent for shops allotted both in basement and first floor, consequently, the upward revision of enhancement by 25% of the rent, after the expiry of two years period also has to be given effect.
These Writ Petitions are dismissed with the above observations. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
asi
To
+1cc to M/s.D.Latha, Advocate, S.R.No.26630
W.P.NOS.22150 OF 2004 AND 8555 OF 2006 AND M.P.NOS.26809 OF 2004 AND 9504 OF 2006
KJ(CO) PBS/31/05/2022
3 issues framed by the court
Whether the petitioner is entitled to purchase the shop outright upon payment of arrears despite the Board's conditions requiring withdrawal of pending appeal cases.
Whether the requirement to clear dues and withdraw pending appeals is a lawful pre-condition for considering the sale of the shop on an outright basis.
Whether the petitioner's refusal to pay arrears justifies dismissal of the writ petition allowing participation in the purchase.
2 provisions across 2 enactments
Dr. A.R. Abdul Rafeek
The Chairman, Tamil Nadu Slum Clearance Board
The State of Tamil Nadu
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
