Krishnammal v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN W.P.Nos.2383, 2388, 2391, 2392, 2394, 2398, 2401, 2402, 2403 & W.P.No.2383 of 2019 Krishnammal ... Petitioner Vs.
1.
The Commissioner, Corporation of Coimbatore, R.S.Puram, Coimbatore - 641 002.
The Assistant Commissioner of Corporation (West Zone), Coimbatore, R.S.Puram, Coimbatore - 641 002.
The Chairman, Nandhanam, Chennai.
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The Executive Engineer & Administrative Officer, Coimbatore Housing Unit, Tatabad, Coimbatore - 641 012.
The Tahsildar, Coimbatore (North), Coimbatore District.
6.
The Special Tahsildar (L.A.), Housing Scheme, Tatabad, Coimbatore.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 & 2 to process the application made by the petitioner dated 15.11.2018 vide Registration No.DTCP/P/0730021/2017 seeking regularisation of the petitioner's unapproved plot No.22 comprising in Survey No.340, Telugupalayam Village, Coimbatore District, without insisting for No Objection Certificate from the Tamil Nadu Housing Board.
For Petitioner : Mr.R.N.Amarnath For R1 & R2 : Mr.K.Nagesh Standing Counsel For R3 & R4 : Mr.V.Gunasekaran Standing Counsel For R5 & R6 : Mr.A.Selvendran Special Government Pleader Page No.2 of 6
C O M M O N O R D E R (Order of the Court was made by S.M.SUBRAMANIAM, J.) The present writ petitions have been instituted to direct the respondents 1 and 2 to process the applications submitted by the petitioners seeking regularisation of the petitioners unapproved plots in Survey No.340, Telugupalayam Village, Coimbatore District without insisting for 'No Objection Certificate' from the Tamil Nadu Housing Board. The applications submitted by the petitioners seeking regularisation of the petitioners unapproved plot have not been processed on account of land acquisition proceedings initiated and due to the lis pendens. The writ appeals filed by the Tamil Nadu Housing Board were dismissed by this Court in W.A.No.1398 of 2021 etc., batch dated 01.08.2024. The land acquisition proceedings initiated are held as void. Therefore, there is no impediment for processing the applications submitted by the writ petitioners seeking regularisation or otherwise. It is made clear that the applications are to be processed without reference to the land Page No.3 of 6
acquisition proceedings initiated. However, other requisite conditions contemplated under the Act and Rules are to be followed. In view of the facts and circumstances, the respondents are directed to process the applications submitted by the writ petitioners seeking regularisation of unapproved plots and pass appropriate orders on merits and in accordance with law as expeditiously as possible. Accordingly, all the Writ Petitions stand disposed of. No order as to costs..
[S.M.S., J.] [C.K., J.] 01.08.2024 (2/2) Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda Page No.4 of 6
To 1.
The Commissioner, Corporation of Coimbatore, R.S.Puram, Coimbatore - 641 002.
The Assistant Commissioner of Corporation (West Zone), Coimbatore, R.S.Puram, Coimbatore - 641 002.
The Chairman, Nandhanam, Chennai.
The Executive Engineer & Administrative Officer, Coimbatore Housing Unit, Tatabad, Coimbatore - 641 012.
The Tahsildar, Coimbatore (North), Coimbatore District.
6.
The Special Tahsildar (L.A.), Housing Scheme, Tatabad, Coimbatore.
Page No.5 of 6
S.M.SUBRAMANIAM, J.
AND C.KUMARAPPAN, J.
veda Order in 01.08.2024 (2/2) Page No.6 of 6