B.Jayamurali v. The Principal Secretary To Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.08.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.11962 of 2024 B.Jayamurali S/o.P.Balagurusamy ... Petitioner Vs.
1.The Principal Secretary to Government of Tamil Nadu, Housing and Urban Development Department, Chief Secretariat, Chennai - 600 009.
2.The Executive Engineer/Administrative Officer, Tamil Nadu Housing Board, Coimbatore Housing Board Division, Tatabad, Coimbatore - 641 012.
3.The District Registrar, State Bank Road, Coimbatore - 641 018.
4.The Sub Registrar, Ganapathy, Coimbatore.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records in relation to the letter issued by the second respondent herein 1/6
in LA4/6851/08 dated 03.09.2018 addressed to the fourth respondent and quash the same in respect of the petitioner's land comprised in Old S.F.No.364/1, New S.F.No.9/1B1 & 9/1B5 at Block-1, Ward:ZVilankurichi Village, Coimbatore Taluk & District and consequently, direct the respondents 3 and 4 not to insist for a No Objection Certificate from the second respondent while dealing with the said property. For Petitioner : Mr.M.R.Thangavel For Respondents : Mr.E.Vijay Anand Additional Government Pleader [R1, R3 & R4] Mr.V.Gunasekar [R2] *****
O R D E R
This writ petition has been filed challenging the impugned letter issued by the second respondent dated 03.09.2018 addressed to the fourth respondent with respect to the subject property belonging to the petitioner and for a consequential direction to respondents 3 and 4 not to insist for 'No Objection Certificate' from the second respondent.
2. Heard Mr.M.R.Thangavel, learned counsel for petitioner, Mr.E.Vijay Anand, learned Additional Government Pleader appearing of respondents 1, 3 and 4 and Mr.V.Gunasekar, learned counsel for second respondent.
3. Learned counsel for the petitioner placed reliance upon the 2/6
order passed by this Court in W.P.Nos.17963 & 18315 of 2022 dated 11.08.2022 and the relevant portions are extracted hereunder: "When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents submitted that these writ petitions have been filed, challenging the impugned communication of the 2nd respondent to the 8th respondent, informed not to entertain any registration in respect of the listed survey numbers in the impugned order and not to mutate the revenue records without the consent of the Tamil Nadu Housing Board.
2. The learned Additional Government Pleader appearing for the official respondents, on instructions, submitted that an instruction was issued to the 2nd respondent to withdraw the impugned letter dated 03.09.2018 and the same will be withdrawn as expeditiously as possible and hence, this Court may set aside the impugned order.
3. Recording the above submissions of the learned Additional Government Pleader, these writ petitions are allowed and the impugned letter issued by the 2nd respondent dated 03.09.2018, made in No.LA4/6851/08, is quashed. No costs. Consequently connected miscellaneous petitions are closed."
4. Learned counsel for the petitioner submitted that the impugned letter dated 03.09.2018 has already been withdrawn and the same has been recorded by this Court in the earlier order and in spite of the same, the respondents 3 and 4 are insisting that the petitioner must get 'No Objection Certificate' from the second respondent.
5. The second respondent has filed a counter and the relevant portions are extracted hereunder:
3/6
"15. I humbly submit that, the Tamilnadu Housing Board bas sent a common letter in LA4/6851/08 dt 3.9.2018 to the Sub Registrar, Ganapathy requesting the SRO not to entertain any kind of registration or execution of any documents pertaining to the Government acquired lands, so that, the illegal transactions will be avoided and the nullification of litigation also may be averted. The petitioner herein is a subsequent purchaser.
16. I humbly submit that, the Hon'ble Court record the submissions of Additional Government Pleader allowed the WP 17963 & 18315 of 2022 and, quashed the above said letter. Further appeal not filed by Board.
17. It is submitted that, the respondent reserves its right to file additional counter affidavit if warranted at appropriate stage to raise the defense so as to obtain equitable relief."
6. It is clear from the above that the order passed in the above writ petition has become final and no appeal has been filed and therefore, the said order will enure in favour of the petitioner.
7. The present writ petition can also be disposed of by recording the fact that the impugned letter dated 03.09.2018 issued by the second respondent has been withdrawn and as a consequence, the respondents 3 and 4 shall not insist for 'No Objection Certificate' from the second respondent whenever any document is presented for registration with respect to the subject property. 4/6
Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.08.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Principal Secretary to Government of Tamil Nadu, Housing and Urban Development Department, Chief Secretariat, Chennai - 600 009.
2.The Executive Engineer/Administrative Officer, Tamil Nadu Housing Board, Coimbatore Housing Board Division, Tatabad, Coimbatore - 641 012.
3.The District Registrar, State Bank Road, Coimbatore - 641 018.
4.The Sub Registrar, Ganapathy, Coimbatore.
N.ANAND VENKATESH, J gm 5/6
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