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Madras High CourtWP/12884/2022disposed of

M/S.Subadarsan Property Developers India (P) Ltd., v. Tamil Nadu Housing Board

2022-06-06Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.06.2022

CORAM

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE W.P.No.12884 of 2022 M/s.Subadarsan Property Developers India (P) Ltd. Rep. by its Managing Director Sundaram .. Petitioner Vs.

Tamil Nadu Housing Board Rep. by its Chairman and Managing Director 493, Anna Salai Nandhanam, Chennai 600 037 .. Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to grant a No Objection Certificate to the petitioner company in relation to its property comprised in S.No.835/4, measuring about 1.09(1/4) acres, situated in Kalapatti Village, Coimbatore. For Petitioner : Mr.K.R.Arun Shabari For Respondents : Mr.D.Veera Kathiravan Standing Counsel

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the respondent to grant No Objection Certificate to the petitioner in relation to its property comprised in S.No.835/4, measuring about 1.09(1/4) acres, situated in Kalapatti Village, Coimbatore.

2. According to the petitioner, the acquisition proceedings initiated against the aforementioned property owned by them has been quashed, by orders of this Court dated 19.09.2007 in W.P.No.15005 of 2007. The petitioner has therefore given a representation to the respondent requesting for issuance of No Objection Certificate in the year 2017. Since the said

representation has not been considered till date, this writ petition has been filed.

3. Heard Mr.K.R.Arun Shabari, learned counsel for the petitioner and Mr.D.Veera Kathiravan, learned Standing Counsel, who accepts notice on behalf of the respondent.

4. The petitioner has filed a copy of the order dated 19.09.2007 passed in W.P.No.15005 of 2007, under which, the land acquisition proceedings initiated against the petitioner's property has been quashed.

5. No prejudice would be caused to the respondent, if the petitioner's representation seeking for issuance of No Objection Certificate on account of the quashing of the land acquisition proceedings is considered on merits and in accordance with law, after affording a fair hearing to the petitioner. Since the representation enclosed along with this writ petition is an undated one, the petitioner will have to give a fresh representation seeking for issuance of No Objection Certificate.

6. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the respondent seeking for issuance of No Objection Certificate for their property comprised in S.No.835/4, measuring about 1.09 (1/4) acres, situated in Kalapatti Village, Coimbatore, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the respondent shall pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, including granting the right of personal hearing within a period of eight weeks thereafter.

With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar gya

To The Chairman and Managing Director Tamil Nadu Housing Board 493, Anna Salai Nandhanam, Chennai 600 037 +1cc to M/s.K.R.Arun Shabari, Advocate, S.R.No.32199 +1cc to M/s.D.Veerasekaran, Advocate, S.R.No.32589 W.P.No.12884 of 2022 PMK(CO) UMA(21/06/2022)