K.Subbuthai, v. The State By Its Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.2883 & 2890 of 2024 K.Subbuthai ... Petitioner (In W.P.No.2625 of 2024) K.Ganga ... Petitioner (In W.P.No.2630 of 2024) Vs 1.The State by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9.
2.The Managing Director, Tamilnadu Housing Board, CMDA Complex, Coyambedu, Chennai-600 107.
3.The Executive Engineer-cum Administrative Officer, Tamilnadu Housing Board, 17-D, C-Colony, Perumalpuram-627 011, 1/6
4.The Sub Registrar, Palayankottai Sub Registrar, Collectorate Campus, Palayankottai, 5.The Tahsildar, ... Respondents (In both Petitions) Prayer in W.P.No.2625 of 2024 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 03.01.2022 made in Lr.No.LA/4180/10 passed by the 3rd respondent, Quash the same for lack of jurisdiction and consequently direct the respondents 1 and 2 to issue NOC or re-convey the extent of the petitioner's house site measuring 3000 sq.ft., comprised in S.F.Nos.143/2, Keelanathan Village, Palayamkottai Taluk, Prayer in W.P.No.
2630 of 2024 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 03.01.2022 made in Lr.No.LA/4180/10 passed by the 3rd respondent, Quash the same for lack of jurisdiction and consequently direct the respondents 1 and 2 to issue NOC or re-convey the extent of the petitioner's house site measuring 1742 sq.ft., comprised in S.F.Nos.150 & 151, Keelanathan Village, Palayamkottai Taluk, Tirunelveli District.
For Petitioner : Mr.N.Manoharan For Respondents : Mr.C.Kalaichelvan for RR-2 & 3 2/6
: Mr.P.Ganesan, Additional Government Pleader for RR-1, 4 & 5
O R D E R
Assailing the order passed by the 3rd respondent, in and by which, the 3rd respondent had rejected the claim of the petitioners for issuance of No Objection Certificate in respect of the subject properties, the present Writ Petitions have been filed.
2. It is the case of the petitioners that they are the subsequent purchasers of the subject lands from their original vendors and that the said lands were acquired by the Government under the Land Acquisition Act, 1894 for the purpose of establishing Neighbourhood scheme for providing house sites to the general public and for the formation of residential colonies. The said land acquisition proceedings was already challenged before this Court in a batch of Writ Petitions by the similarly placed persons which were dismissed. Similarly, another Writ Petition was filed by the purchasers of the individual house sites seeking consideration of their representations for exclusion of their house sites from the land acquisition proceedings, in which, the 1st respondent was directed to consider their representation, pursuant to which, the 1st respondent by order dated 11.01.2011 had rejected the same. Challenging the said rejection order, another Writ Petition came to be filed which petition was allowed vide order dated 07.11.2012. Subsequently, in the year 2021, the petitioners made a 3/6
representation to the respondents requesting for grant of No Objection Certificate or for exclusion of properties from the acquisition proceedings. However, the said representation was rejected vide impugned order dated 03.01.2022. Challenging the said rejection order, the present Writ Petitions have been filed.
3. Learned counsel appearing for the petitioners submitted that the impugned order passed by the 3rd respondent is arbitrary and illegal as no opportunity of hearing was given to the petitioners before passing the same which is in violation of principles of natural justice and therefore, the impugned order is liable to be set aside.
4. Learned counsel appearing for the 3rd respondent, on the basis of the counter affidavit submitted that the subject lands were acquired by the Tamil Nadu Housing Board even prior to the purchase of the said lands by the petitioners. However, the said acquisition having been made after following due process of law, in respect of which, award was also passed in the 1995 and therefore, the petitioners being the subsequent purchasers does not have any locus standii to question the acquisition and therefore, the petitioner's request for NOC with respect to the subject lands is not maintainable. Accordingly, he prayed for dismissal of these Writ Petitions. 4/6
5. Heard the learned counsel appearing on either side and perused the materials available on record.
6. Considering the fact that the subject lands were the subject matter of acquisition and that the petitioners are subsequent purchasers after the 4(1) notification and further, award was passed as early as in the year 1995 itself and the possession was also taken in the year 2003, this Court is of the considered view that the petitioners have no locus standii to seek issuance of No Objection Certificate as there is no provision either under Land Acquisition Act, 1984 or under the Right to Fair Compensation Act. In the absence of any statutory provision, this Court cannot grant the relief as sought for in these Writ Petitions. However, it is open to the petitioners to work out their remedy in the manner known to law, if so advised.
7. For the reasons aforesaid, the Writ Petitions are dismissed with aforesaid liberty. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
04.11.2025 Index : Yes / No Speaking Order / Non-speaking order Nhs 5/6
M.DHANDAPANI, J Nhs To 1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9.
2.The Managing Director, Tamilnadu Housing Board, CMDA Complex, Coyambedu, Chennai-600 107.
3.The Executive Engineer-cum Administrative Officer, Tamilnadu Housing Board, 17-D, C-Colony, Perumalpuram-627 011, 4.The Sub Registrar, Palayankottai Sub Registrar, Collectorate Campus, Palayankottai, 5.The Tahsildar, and W.M.P.Nos.2883 & 2890 of 2024 04.11.2025 6/6