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Madras High CourtWP/284/2026allowed

S.R. Poornachandran v. The Managing Director

2026-02-03Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA S.R.Poonachandran S/o.S.K.Ramasami No.13, 14, Harikrishna Garden Nehru Nagar, Kalapatti Coimbatore - 641 048.

..Petitioner(s) Vs

1. The Managing Director Tamil Nadu Housing Board CMDA Complex, E & C Market Road Koyambedu, Chenani - 600 107.

2. The Executive Engineer Tamil Nadu Housing Board No 22C5 + F27 Peelamedu HUDCO Colony Coimbatore - 641 004.

3. The Special Tahsildar (Land Acquisition) Coimbatore Housing Scheme Unit I, Tamil Nadu housing Board, Tatabad, Coimbatore - 641 004.

..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to issue "No Objection Certificate" in respect of the lands measuring an extent of 5172 sq.ft or (11 Cents and 380 sq.ft or 480.49 sq.m) of land in S.F.No.967/2 in patta

No.1447 in Kalapatti, Coimbatore Taluk, Gandhipuram Sub-District, and registration district of Coimbatore, based on the representation given by the petitioner on 08.12.2025 and pass orders.

For Petitioner(s):

MR.M.Sriram For Respondent(s):

Mr.V.Gunasekar Standing Counsel for TNHB [R1 & R2]

ORDER

The writ petition has been filed seeking a mandamus to the first respondent to consider his representation dated 08.12.2025 with regard to issuance of 'No Objection Certificate' in respect of the subject property.

2. The petitioner had purchased the subject property measuring an extent of 5172 sq.ft in S.F.No.967/2 in patta No.1447 in Kalapatti, Coimbatore Taluk through a registered sale deed dated 16.04.2009. The patta for the subject was issued in favour of the petitioner. The petitioner would also submit that the subject property was notified by the Government and necessary proceedings have been initiated under the Land Acquisition Act. Thereafter, the land acquisition proceedings have been quashed by the orders of this Court.

3. When the petitioner wanted to alienate his property, it was brought to his knowledge by his vendor that as per the revenue records ,the property of the petitioner still vests with the Government.

4. The contention of the petitioner is that the land acquisition proceedings initiated against the lands in the Kallapatti Village have been lapsed long ago and his neighbours have converted their lands into layout and by obtaining a NOC, had sold their properties. However, the petitioner is not in a position to develop or alienate his property, as he was not provided with a "No Objection Certificate" by the first respondent declaring that the subject property is free from acquisition. The petitioner would submit that the Coimbatore Local Planning Authority had insisted to produce the 'No Objection Certificate" for developing his property. Therefore, the petitioner had approached the first respondent with his representation dated 08.12.2025. But the same was not considered to date. Hence, the petitioner is before this Court seeking the aforesaid relief.

5. Heard the learned counsel on either side and also perused the material records placed before this Court.

6. Admittedly, the land acquisition proceedings relating to S.Nos.964 &

965 of Kalapatti Village, Coimbatore, have been quashed by this Court vide order of this Court dated 24.01.2025 in W.P.Nos.38519 & 38522 of 2024. However, the records of the Revenue and Registration Department reflects that the lands belongs to Government. It appears that the respondents after quashing the land acquisition proceedings, had failed to restore the ownership of lands in favour of the petitioner instead they maintained the lands as Government lands. Hence, the petitioner is not in a position to develop or alienate his property. According to the petitioner, the Coimbatore Local Planning Authority is also insisting to obtain "No Objection Certificate" from the Tamil Nadu Housing Board declaring that the subject property is free from acquisition. Therefore, the petitioner had approached the Tamil Nadu Housing Board, the first respondent vide his representation dated 08.12.2025, seeking a "No Objection Certificate".

7. Considering the facts and circumstances of the case and this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the representation of the petitioner dated 08.12.2025 and issue a No Objection Certificate for the subject property by following the due procedure in law, within three weeks from the date of receipt of a copy of this order. The respondents shall take note of the fact that the petitioner's neighbour have been issued with the 'No Objection Certificate' as also the quashing of the Land Acquisition proceedings by this Court in the proceedings quoted supra.

8. With the above directions, the writ petition is allowed. No costs. 03-02-2026 Index: Yes/No Speaking/Non-speaking order DS To:

1. The Managing Director Tamil Nadu Housing Board CMDA Complex, E & C Market Road Koyambedu, Chenani - 600 107.

2. The Executive Engineer Tamil Nadu Housing Board No 22C5 + F27 Peelamedu HUDCO Colony Coimbatore - 641 004.

3. The Special Tahsildar (Land Acquisition) Coimbatore Housing Scheme Unit I, Tamil Nadu housing Board, Tatabad, Coimbatore.

P.T.ASHA J.

DS 03-02-2026