Madras High CourtWP/10519/2024disposed of

R.Hari Prashanna v. The Tamil Nadu Housing Board

2024-06-19Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR R.Hari Prashanna .. Petitioner

Versus

1.The Tamil Nadu Housing Board Rep by its Managing Director 5th Floor, CMDA Building E & C Market, Koyambedu Chennai - 600 107

2. The Executive Engineer and Administrative Officer Tamil Nadu Housing Board Coimbatore Housing Unit Tatabad, Coimbatore - 12 3.The Special Tahsildar, (Land Acquisition) Housing Scheme Unit No.II Coimbatore, Coimbatore District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to forthwith issue No Objection certificate in respect of land to an extent of 0.54 cents in Survey Nos.848/1B1A1, 848/1C of Kalapatti Village, Coimbatore North Taluk, Coimbatore District by considering the representation of the petitioner dated 06.05.2022 to enable him to develop his land. For Petitioner : Mr.K.Dhananjayan 1/4

For Respondents : Mr.V.Gunasekar for R1& R2 Mr.P.Sathish for R3 Additional Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the respondents to issue No objection certificate in respect of the petitioner's land enabling him to develop his land.

2. It is the case of the writ petitioner that the property in Survey Nos.848/1B1A1, 848/1C measuring 0.54 cents was the subject matter of G.O.Ms.No.616 dated 26.09.1994 in acquisition proceedings. The said acquisition proceedings were put in challenge in W.P.No.30897 of 2014. This Court by order dated 07.04.2022 allowed the writ petition holding that acquisition is lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Hence, it is the contention of the writ petitioner that order become final as no appeal is filed. In this regard, now NOC is sought to develop the property, however, the same is not considered till date. Hence, this writ petition.

3. The learned counsel for the respondents fairly submitted that the land 2/4

in question was also the subject matter of Government Order, land acquisition is quashed, they will consider and pass order after verifying any order of stay or any appeal is filed.

4. Heard both sides and perused the materials available on record. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

5. Such view of the matter, considering the limited relief sought for in this writ petition for grant of NOC, this Court without going into the merits of the case directs the respondents to pass appropriate orders on merits within a period of two months from the date of receipt of a copy of this Order. The respondents shall before passing order for issuance of NOC, verify any appeal is filed as against the Order of this Court in W.P.No.30897 of 2014.

6. Accordingly, this writ petition stands disposed of. No costs. 19.06.2024 dhk N. SATHISH KUMAR , J.

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dhk To 1.The Managing Director The Tamil Nadu Housing Board 5th Floor, CMDA Building E & C Market, Koyambedu Chennai - 600 107