L.N.Aranganathan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-03-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 10075 of 2026 & W.M.P.No.10875 of 2026
1. L.N.Aranganathan S/o. L.Narayana Gounder, No. 136/91 N.G.G.O.Colony, Chinna Kollapatty, Kannankurichi Post, Salem 636 008
2. S.Balaji S/o. Late. Seetharaman, No. 5/89 Chinna Kollapatty, Kannankurichi Post, Salem 636 008
3. E.Srinivasan S/o. Elumalai Gounder, No. 5/88 chinna Kollapatty, Kannankurichi Post, Salem 636 008 ..Petitioner(s) Vs
1. The Managing Director Tamil Nadu Housing Board, No. 493 Anna Salai, Nanthanam, Chennai 35
2. The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Salem Housing Unit, Ayyan Thirumaligai Road, Salem 636 008
3. The Special Tahsildar / Land Acquisition officer Tamil Nadu Housing Board, Urban Scheme/ Salem Housing Unit, Ayyan Thirumaligai Road, Salem 636 008 ..Respondent(s) Prayer: Writ Petition filed under Article 226 of Constitution of India praying for an issuance of a Writ of Mandamus directing the 1st respondent to issue No Objection Certificate (NOC) to the petitioners in respect of their land/ property in S.No. 52/2 to an extent of 16 3⁄4 cents situated at Mitta Iyyamperumampatty Village, Salem Taluk and district forthwith.
For Petitioner(s):
Mr.M.R.Jothimanian For Respondent(s):
Mr.J.Pachiyappan
ORDER
This Writ Petition has been filed for issuance of a Writ of Mandamus directing the 1st respondent to issue No Objection Certificate (NOC) to the petitioners in respect of their land/ property in S.No. 52/2 to an extent of 16 3⁄4 cents situated at Mitta Iyyamperumampatty Village, Salem Taluk and district forthwith.
2. According to the petitioners, the petitioners owned the property in Survey Nos.52/1, 52/2, 52/3, 52/4, 52/5B, 52/5C, 52/5D, 52/5E, 52/5F, 52/5G, 52/6, 52/7, 52/8, 52/9 situated at Mitta Iyyamperumampaty Village, Salem, Taluk, Salem District by way of inheritance and succession and were in
possession and enjoyment of the same. The said lands were acquired by the respondents for construction of houses by Tamil Nadu Housing Board under Scheme, viz., Salem Neighborhood Scheme in the year 1981 vide G.O.Ms.No.47 dated 24.01.1981 and declaration 06.03.1984, thereafter, award was passed by the 2nd respondent on 18.08.1995. However, the land owners filed Writ Petition No.29978 of 2004 etc., batch of cases, as against the acquisition proceedings and this Court by an order dated 03.02.2007 quashed the entire acquisition proceedings. As against the same, the acquisition authority preferred Writ Appeal No.1007 of 2007 and the same was dismissed. Aggrieved by the same, the respondents preferred SLP before the Hon'ble Supreme Court and subsequently the decision in W.A.No.1007 of 2007 was affirmed the Hon'ble Apex Court in SLP(C) No.
7656 of 2009. Hence entire acquisition proceedings were quashed and confirmed by Hon'ble Apex Court, thereafter, the petitioners demolished the old building and constructed new houses in Survey no. 52/2 to an extent of 16 1⁄4 cents and thereby the respective authority have insisted to get No Objection Certificate, hence the petitioners made application for issuance of no objection certificate. In respect of other purchasers, No Objection Certificates were issued in pursuant to the Contempt Petition, and for issuance of No Objection Certificate for the petitioners, the petitioners have come up with the present petition.
3. The learned counsel appearing for the petitioners would submit that the petitioners made several request to the respondents for issuance of No Objection Certificate in respect of their property, but there is no progress. Though the land acquisition proceedings have been quashed by this Court and the same were confirmed by the Hon'ble First Bench of this Court as well as by the Hon'ble Apex Court, the respondents have no rights against the petitioner's property and also there is no impediment to issue No Objection Certificate to the petitioners.
4. The learned counsel appearing for the respondents would submit that the petitioner's land currently falls under Category 3, where 4(1) and 6 DD were issued and subsequently, an award was passed but possession of lands were not taken over. Further, a designated two-member committee has been actively engaged in collecting and verifying the ground data and relevant records for these specific categories. Further, the Tamilnadu Housing Board is not in a position to process or issue a No Objection Certificate for lands in Categories 3 and 4 in an isolated manner, thereby pleaded for sufficient time to enable the two-member committee to conclude its data collection and submit its report.
5. Heard the learned counsel on either side and perused the entire documents placed on record.
6. It is pertinent to note that the lands were acquired by the respondents for construction of houses by Tamil Nadu Housing Board under Scheme, viz., Salem Neighbourhood Scheme in the year 1981 vide G.O.Ms.No.47 dated 24.01.1981 and subsequently, declaration has been issued vide G.O.dated 06.03.1984, thereafter, award was passed by the 2nd respondent on 18.08.1995. However, the land owners filed Writ Petition no.29978 of 2004 etc., batch of cases, as against the acquisition proceedings and this Court by an order dated 03.02.2007 quashed the entire acquisition proceedings and the said order was confirmed by the Hon'ble First Bench of this Court and the Hon'ble Apex Court as well. Hence the petitioners have made an application for issuance of No Objection Certificate.
Considering the above said facts and circumstances of the case and taking note of the submission made by the learned counsel appearing for the respondents, this Court is inclined to dispose of the Writ Petition with a direction to the 1st respondent to issue No Objection Certificate to the petitioners within a period of four weeks from the date of receipt of a copy of
this order, if there is no legal impediment. Consequently, W.M.P.No.10875 of 2025 is ordered on payment of single court fee. No costs. 26-03-2026 Index: Yes/No Speaking/Non-speaking order ssd To
1. The Managing Director Tamil Nadu Housing Board, No. 493 Anna Salai, Nanthanam,Chennai 35
2. The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Salem Housing Unit, Ayyan Thirumaligai Road, Salem 636 008
3. The Special Tahsildar / Land Acquisition officer Tamil Nadu Housing Board, Urban Scheme/ Salem Housing Unit, Ayyan Thirumaligai Road, Salem 636 008
M.DHANDAPANI, J.
ssd 26-03-2026