The Tamilnadu Housing Board v. P.Krishnamurthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.Nos.1539 to 1541 of 2018 and CMP Nos.12441, 12442 and 12443 of 2018 The Tamil Nadu Housing Board Represented by its Managing Director/Chairman 493, Anna Salai, Nandanam, Chennai - 600 035.

.... Appellant in all the Appeals -vs1.P.Krishnamurthy 2.S.Raman 3.Vasanthi Raman 4.R.Manigandan 5.S.Sunitha 6.A.B.Prabhu 7.M.Rajalakshmi 8.The Central Metropolitan Development Authority, 9.The Corporation of Chennai Rep. by its Commissioner, .... Respondents in W.A.No.1539/2018 1.S.Parthasarathy 2.B.Swaminathan 3.T.R.Sethuratnam 4.S.Venkataraman 5.R.Natarajan 6.Indumathi 7.R.Vishwanathan 8.G.S.Pandian 9.Indira Sankaranarayanan 10.S.Sadasivam 11.Geetha Sadasivam 12.K.Balasubramanian

13.V.R.Rajamani 14.T.V.Sreedhar 15.T.V.Mythili Sreedhar All are represented by power Agent Anil Jain 16.The Chennai Metropolitan Development Authority

...Respondents in

W.A.No.1540/2018 1.R.Chandra 2.C.Durga Prasad 3.K.Uma Maheeshwaran 4.K.A.Balasubramanian 5.Thangam Ramachandran 6.A.K.Ramesh 7.A.K.Suresh 8.Amanjari Karambil Mahesh 9.Yasmeen Lloyd 10.G.Baby 11.S.Gnanmbal 12.P.C.Krishnan Kutty 13.V.G.Ramachandran 14.K.Sakunthala 15.M.Meenakshi 16.T.J.Vijayvikram 17.G.S.Nagarajan 18.C.Mohan Kumar 19.K.M.Sindah Gani 20.V.Krishnan 21.G.V.Narayanan 22.G.Murugesan 23.Yesoda Venkata Ranga Rao 24.B.V.Narasimhan 25.Thilakavathi Subramanian 26.D.M.Subramanian 27.R.Mohan 28.V.K.Komalavalli 29.M.Murugappan 30.K.V.Ramani 31.R.Laxmi Narayanan 32.A.V.Subba Rao 33.Ratha Appuswamy 34.V.T.Appuswamy 35.C.Ramachandran 36.R.Lakshmi Narayanan 37.R.Gabriel Germans 38.S.Loganathan 39.T.Subramanian 40.Sathyapriya 41.S.Poornima

42.T.K.Subramanian 43.Dr.Esther Revathy 44.S.Venkataraman 45.S.Lalithanand Moses 46.J.Shanthakumari 47.S.Pavthra @ Pavithra Jebaraj 48.Rukma Kudva 49.K.Y.Srinivasan 50.V.Seshasayee 51.S.Karthikeyan 52.D.Sundaresan 53.V.Ramswamy 54.J.Kamala 55.Girija Mytran 56.T.S.Viswanathan 57.L.K.Nataraj 58.Merlin Premkumar 59.A.R.Sathanandamani 60.Muthamal Manickavasagam 61.K.A.Joseph 62.Narayanan Kartha 63.M.Kasthuri Thilakam 64.V.Chakrapani 65.P.David 66.L.Subramania Rao 67.K.J.Arumainayagam 68.K.Ramasubramaniyam 69.G.Padmanabhan 70.K.Sivakumar 71.R.Saravana Bava 72.M.D.Suresh Kumar 73.K.Subramanian 74.Dr.R.Indhu Priyadarshini 75.P.Shamarayachar 76.M.Vijaya Babu 77.K.K.Komala 78.Sasireka 79.Narendrakumar All are rep by Power Agent

1. T. Udayakumar

2. Khimraj Sakariyh 80.The Chennai Metropolitan Development Authority, Egmore, Chennai - 600 008.

81.The Corporation of Chennai, Rep. by its Commissioner,

...Respondents in

W.A.No.1541/2018

PRAYER: Writ Appeals filed under Clause 15 of the Letters Patent against the order passed in W.P Nos.6748 of 2012, 8640 of 2012 and 12513 of 2012 dated 15.03.2012, 30.03.2012 and 26.04.2012 respectively.

W.P. 6748/2012:

Writ Petition has been filed under Article 226 of the constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to receive consider process and approve the petitioners application for demolition and reconstruction by issuing planning permission to construct a residential flats in the property situated in Block No.79 Dr.P.T.Rajan Salai K.K.Nagar Chennai-600 078 comprised in S.No.52/1 of Kodambakkam Village Mambalam-Guindy Taluk Chennai District without insisting on production of No Objection Certificate from the 3rd respondent or any other authorities concerned and to accord sanction for the same in accordance with law expeditiously. W.P. 8640/2012:

Writ Petition has been filed under Article 226 of the constitution of India to issue a Writ of Mandamus directing the respondents to entertain consider and grant approval of petitioners Planning permission and building permit for putting up a construction on the property situated in Block No.H-19 South Avenue Kamaraj Nagar Thiruvanmiyur Chennai-41 comprised in Survey No.77/Part of Thiruvanmiyur Village Mylapore-Triplicane Taluk Chennai District within the Registration District of Chennai South and Sub Registration District of Chennai South Joint I Saidapet without insisting upon the No Objection Certificate from Tamilnadu Housing Board namely the 2nd respondent herein so land as the porposed new construction activities is in accordance with Development Control Rules and Town and Country planning Act 1971. W.P. 12513/2012:

Writ Petition is filed under Article 226 of the constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to entertain consider and grant approval to the demolition plan planning permission building permit for developing the lands at Flats in Block Nos.138 to 148 Geethanjali Colony 7th Avenue Anna Nagar West Chennai 40 comprised in S.No.185 (part) 186 (part) and 187 (part) in Padi Village at Anna Nagar admeasuring 70618 sq.ft. for putting up a residential building without insisting upon the N.O.C from the 3rd respondent herein or any other authority and without insisting for patta from revenue authorities so long as the proposed new construction activities is in accordance with the Development Control Rules.

For Appellant :

Mr.V.Anandhamoorthy Addl.Govt.Pleader C O M M O N J U D G M E N T [Judgment of the Court was delivered by K.K.SASIDHARAN,J.] The issue raised by the appellant has already been answered by the Full Bench of this Court in Tamil Nadu Housing Board v. Mary Rani Immanual [2013 (3) CTC 129. The Full Bench had made it clear that in the matter of demolition and reconstruction of houses allotted by the Housing Board, there is no need to obtain fresh "No Objection" from the said Board.

2. Accordingly, by following the judgment in Tamil Nadu Housing Board v. Mary Rani Immanual [2013 (3) CTC 129, the intra court appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar svki To 1.The Member Secretary, The Central Metropolitan Development Authority, 2.The Commissioner, The Corporation of Chennai

3. The Managing Director/Chairman The Tamil Nadu Housing Board 493 Anna Salai Nandanam, Chennai 35.

W.A.Nos.1539 to 1541 of 2018 SS(CO) SP(10/08/2018)