Vinoth v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Vinoth .. Petitioner
Versus
1. The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai - 600 107.
2. The Special Tahsildar (Land Acquisition), Housing Scheme, Hudco Colony, Peelamedu, Coimbatore - 04.
3. The Tahsildar, Coimbatore North Taluk Office, Coimbatore District.
4. The Executive Engineer, Tamilnadu Housing Board, Hudco Colony, Peelamedu, 1/7
Coimbatore - 04.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to issue "No Objection Certificate" to the property measuring to an extent of 32.56 Ares comprised in Survey No.964/1B1B situated at Kalapatti Village (East), Coimbatore North Taluk, Coimbatore District, situated within the jurisdiction of Sub-Register Office, Gandhipuram, Coimbatore District, by considering the petitioner's representation, dated 10.02.2024, within the time limit to be fixed by this Court.
For Petitioners : Mr.M.Vijaya Ragavan For Respondents : Mr.V.Gunasekar (TNHB), for RR-1 and 4 : Mr.S.Senthil Kumar, Special Government Pleader, for RR-2 and 3
ORDER
This Writ Petition is filed for a Mandamus directing the first respondent to issue a No Objection Certificate. 2/7
2. Upon hearing the learned Counsel for the petitioner, the grievance of the petitioner is that the petitioner's land, measuring an extent of hectares 0.32.56 ares, comprised in S.No.964/1B1B, situated at Kalapatti village (East), Coimbatore North taluk, Coimbatore district within the jurisdiction of the Sub-Registrar's office, Gandhipuram, Coimbatore district, was originally sought to be acquired for the purposes of the first respondent.
3. The said acquisition proceedings came to be challenged by way of W.P.No.30897 of 2014 and the entire acquisition proceedings were quashed by the order, dated 07.04.2022. It is in these circumstances, when the said encumbrances are lifted everywhere, a No Objection Certificate is specifically sought from the first respondent.
4. Firstly, when the land acquisition proceedings are quashed, no such No Objection Certificate from the Housing Board itself is necessary. In any event, since, in the connected matter, No Objection Certificate is ordered to 3/7
be given, this Court considered the present case also. It can be seen that the first respondent filed a counter-affidavit, whereunder, it is specifically admitted in paragraph No.15 that the subject land in S.F.No.964/1B1B is not covered under any acquisition proceedings passed by the Land Acquisition Officer.
5. In view thereof, this Writ Petition is allowed on the following terms:- (i) The first respondent is directed to issue a No Objection Certificate specifically mentioning that the property is not covered under any acquisition proceedings in respect of the Housing Board; (ii) The said exercise shall be carried out within a period of three weeks from the date of receipt of a web-copy of this order without waiting for a certified copy of this order;
(iii) There shall be no order as to costs.
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21.04.2025 : no grs To
1. The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai - 600 107.
2. The Special Tahsildar (Land Acquisition), Housing Scheme, Hudco Colony, Peelamedu, Coimbatore - 04.
3. The Tahsildar, Coimbatore North Taluk Office, Coimbatore District.
4. The Executive Engineer, Tamilnadu Housing Board, Hudco Colony, Peelamedu, Coimbatore - 04.
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D.BHARATHA CHAKRAVARTHY, J.
grs 6/7
21.04.2025 7/7