Selvi Vs the Managing Director — Writ and Judicial Review | Madras HC (2025)

Selvi Vs the Managing Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: Executive Engineer (Division III) to enquire into the petitioner's representation dated 06.02.2025; petitioner to furnish death and legal heirship certificates of her parents and explain how possession passed to Thomas; notice may issue to Thomas or other interested persons with decision after hearing per law; enquiry report to the Managing Director for a lawful decision; completion within twelve weeks of receipt of the web copy; connected W.M.P.No.11628 of 2025 closed; no costs.

Issue for consideration

Whether the petitioner's representation dated 06.02.2025 — asserting her entitlement as the only surviving legal heir of the original allottee Perumal to flat No.13, 'A' Block, Jamalia Slum Clearance Board Quarters, Sembium, Chennai — should be considered on merit by the Tamil Nadu Urban Habitat Development Board authorities.

Court's answer

The second respondent — the Executive Engineer, Tamil Nadu Urban Habitat Development Board, Division III — shall take up the petitioner's representation dated 06.02.2025 for enquiry.

Ratio / Principle

To claim any inheritance, the petitioner must produce proof, including the death certificate and legal heirship certificate of her father and mother, and must explain how possession of the property went to Thomas.

Key takeaways

The second respondent may issue a notice to Thomas or any other person interested, and after hearing both sides a decision in accordance with law may be arrived at.ratio¶37
After conducting the enquiry, the report shall be submitted to the first respondent (Managing Director), who will take a decision in accordance with law.ratio¶38
The entire exercise shall be completed within twelve weeks from receipt of the web copy of the order, without waiting for the certified copy; the connected miscellaneous petition is closed and no costs are awarded.

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Single Judge — D. Bharatha Chakravarthy, J.) | W.P.No.10317 of 2025 (with connected W.M.P.No.11628 of 2025), filed under Article 226 of the Constitution for a Mandamus to consider the petitioner Selvi's representation dated 06.02.2025. Background: flat No.13, 'A' Block, Jamalia Slum Clearance Board Quarters, Sembium, Chennai was originally allotted to Perumal; after the flat became dilapidated, steps were taken to evict occupants and re-allot post-redevelopment; one Thomas claimed occupation relying on an affidavit of V.Ranjan Kumar purporting to be Perumal's grandson who gave him the flat, and temporary allotment was made. The petitioner, claiming to be Perumal's only daughter with no other legal heirs (Perumal d.1987; mother Mariammal resided in the property until her death), sought consideration of her representation; the Standing Counsel noted absence of death/heirship proof. DISPOSED on terms: (i) Executive Engineer, Division III to take up the representation for enquiry; (ii) petitioner to produce death and legal heirship certificates of her father and mother and explain how possession passed to Thomas; (iii) notice may issue to Thomas or interested persons, decision per law after hearing both sides; (iv) report to the first respondent (Managing Director) for decision in accordance with law; whole exercise within twelve weeks from receipt of web copy; connected miscellaneous petition closed; no costs.

W.P.No.10317 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.10317 of 2025 and W.M.P.No.11628 of 2025

SELVI

... Petitioner

Vs

THE MANAGING DIRECTOR,

TAMIL NADU URBAN HABITAT DEVELOPMENT BOARD, NO.5, KAMARAJAR SALAI,

CHENNAI - 600 005.

THE EXECUTIVE ENGINEER, TAMILNADU URBAN HABITAT DEVELOPMENT BOARD, DIVISION III, CHENNAI. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 06.02.2025 on merit.

For Petitioner : Mr.R.Muthukumar

For R1 & R2 : Mr.S.Karthikeyan Standing Counsel

1/5

https://www.mhc.tn.gov.in/judis

W.P.No.10317 of 2025

ORDER

The prayer in the writ petition is to consider the petitioner’s

representation dated 06.02.2025.

Upon hearing the learned counsel appearing for the petitioner and the learned Standing Counsel appearing on behalf of the respondents, in this case, it seems that with respect to the tenaments bearing flat No.13, 'A' Block, Jamalia Slum Clearance Board Quaters, Sembium, Chennai was originally allotted to one Perumal and thereafter, when the flat was in a dilapidated condition and steps were taken to evict the inhabitants and re-alloted the same after redevelopment. One Thomas claimed to be in occupation of the flat. He produced an affidavit from one V.Ranjan Kumar stating that V.Ranjan Kumar is the grandson of Perumal and that he had given the flat to Thomas . On that basis, the request of Thomas is being considered and temporary allotment was made.

It is at this stage that the petitioner claims to be the only daughter of Perumal , with no other legal heirs. The said Perumal died in the year 1987, and thereafter, the petitioner’s mother, Mariammal, resided in the property

2/5

https://www.mhc.tn.gov.in/judis

W.P.No.10317 of 2025

until her death. Assuming that the flat was kept under lock and key and while

living in her matrimonial home, the petitioner suddenly came to know that the re-allotment had not been made and therefore, she has made the representation dated 06.02.2025.

Further, the learned Standing Counsel appearing for the respondents would submit that the petitioner has not even provided any proof with reference to the death certificate and legal heirship certificate of the Perumal , to conduct an enquiry.

Under the above circumstances, this writ petition is disposed of on the following terms:-

(i) The second respondent - the Executive Engineer, shall take up the petitioner’s representation dated 06.02.2025 for enquiry;

(ii) The petitioner shall produce proof, including the death certificate and legal heirship certificate of her father and mother, to claim any inheritance. She has to explain how possession of the property went to Thomas . The second respondent can issue a notice to

3/5

https://www.mhc.tn.gov.in/judis

W.P.No.10317 of 2025

said Thomas or any other person who is interested and after hearing both sides, a decision in accordance with the law can be arrived at;

(iii) After conducting the enquiry, the report shall be submitted to the first respondent, who will take a decision in accordance with the law;

(iv) The said exercise shall be completed within a period of twelve weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order. Consequently, connected miscellaneous petition is closed. No costs.

26.03.2025

Neutral Citation: Yes/No nsl

To

THE MANAGING DIRECTOR, TAMIL NADU URBAN HABITAT DEVELOPMENT BOARD, NO.5, KAMARAJAR SALAI, CHENNAI - 600 005.

THE EXECUTIVE ENGINEER, TAMILNADU URBAN HABITAT DEVELOPMENT BOARD, DIVISION III, CHENNAI.

4/5

https://www.mhc.tn.gov.in/judis

W.P.No.10317 of 2025

D.BHARATHA CHAKRAVARTHY, J.

nsl

W.P.No.10317 of 2025

26.03.2025

5/5

https://www.mhc.tn.gov.in/judis