V.Duraisamy Vs Tamilnadu Urban Habitat Development Board

Tamil Nadu Urban Habitat Development Board (TNUDB) Formerly known as Tamil Nadu Slum Clearance Board, Rep. by its Managing Director No.5, Kamarajar Salai, Chennai-600 005.

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The Assistant Secretary (Plots) Tamil Nadu Urban Habitat Development Board (TNUDB) Formerly known as Tamil Nadu Slum Clearance Board, Rep. by its Managing Director No.5, Kamarajar Salai, Chennai-600 005.

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3.The Sub Registrar Sub Registrar Office Ashok Nagar, Chenai. … Respondents

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

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W.P. No.21419 of 2023

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the entire records pertaining to the issuance of the impugned order dated 09.05.2023 in na.ka.No.E6/2775/2023 passed by the 1st respondent herein and quash the same, and consequently direct the respondents 1 and 2 to execute the rectification deed in favour of the petitioner so as to rectify the wrong Survey number and Block number from Block No.114 and T.S.No.150 to be corrected as Block No.108 and T.S.No.120.

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For Petitioner : Mr.C.Umashankar

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For R1 & R2 : Mr.G.Venkatesan

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Standing Counsel

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For R3 : Mr.R.Sasikumar Government Advocate

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ORDER

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This writ petition has been filed challenging the impugned order dated

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09.05.2023 passed by the 1st respondent and seeking a direction to the

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respondents 1 and 2 to execute the rectification deed in favour of the petitioner

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

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W.P. No.21419 of 2023 so as to rectify the wrong Survey number and Block number from Block No.114

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and T.S.No.150 to be corrected as Block No.108 and T.S.No.120.

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2. The case of the petitioner is that the petitioner had purchased a Plot

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No.1565, measuring an extent of 122.0 sq.mts. Door No.21, Old Door No.12, Periyar Street, MGR Nagar Shceme, Kodambakkam Village, Mambalam Taluk, Chennai-600 078, under a deed of sale deed dated 11.03.2019, registered as Document No.803 of 2019, on the file of SRO, Ashok Nagar executed in favour of the petitioner by the legal heirs of original allottee late Annamalai. The said plot was originally sold by the respondents 1 and 2 in favour of the original allottee late Annamalai. The original allottee Annamalai died intestate on 26.12.2013 leaving behind his wife, daughters and son. Thereafter, the petitioner had purchased the property from the legal heirs of late Annamalai. However, in the sale deed, it was wrongly mentioned as Periyar Nagar instead of Periyar Street. Thus, the respondents executed a deed of rectification dated 27.11.2018, registered as document No.3148 of 2018, on the file of SRO, Ashok Nagar,

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

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W.P. No.21419 of 2023 Chennai, in favour of the legal heirs of original allottee. Only after that, the

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petitioner purchased the property on 11.03.2019. Subsequently, he applied for

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patta name transfer with the Tahsildar, Mambalam Taluk, vide application dated 11.07.2022, requesting that his name be entered. After field verification, the Tahsildar, by his letter dated 18.10.2022, informed that the block number and town survey number had been erroneously mentioned as "Block No.114" and

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"T.S. No.150" instead of the correct block number 108 and town survey number

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120. Thereafter, the petitioner made a representation dated 15.12.2022 to the respondents to execute the deed of rectification in his favour. However, no order was passed. Therefore, the petitioner filed a writ petition in W.P No.7155 of 2023 before this Court. This Court, by its order dated 09.03.2023 issued a direction to the respondents to consider his representation dated 15.12.2022 and pass appropriate orders. Pursuant to which, the present impugned order was passed on 09.05.2023. There is no procedure available for the execution of a rectification deed by the Board and the subsequent purchaser. Challenging the

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same, the present writ petition has been filed.

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

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W.P. No.21419 of 2023

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3. However, the learned counsel for the petitioner would submit that this

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Court may permit the petitioner to approach his vendor for obtaining a