Madras High CourtWP/14812/2025disposed of

K.Satish v. The Housing And Urban Development Corporation Ltd,

2025-07-09Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Satish ... Petitioner Vs.

1.The Housing and Urban Development Corporation Ltd., Represented by its General Manager, HUDCO Regional Office, 5th Floor, CMDA Tower 1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Special District Revenue Officer (Land Acquisition) Chennai, Chennai Peripheral Ring Road Project, Sector III Administrative Office Block, Ground Floor SIDCO Branch Office Complex, Ambattur Industrial Estate, Chennai - 600 058.

3. M/s.Kumarraja Foundations, Represented by its Partner K.Thambiraja, No.121, Madhavaram High Road, Perambur, Chennai - 600 011.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the first respondent to issue a No Objection Certificate to the petitioner for obtaining compensation

from the second respondent for the acquisition of the petitioner's property @ Plot No.31-A, K.K.R. City Annex, Thodukadu, Tiruvallur. For Petitioner :

Mr.S.Parthasarathy For Respondents :

Mr.P.Sathish Addl. Govt. Pleader for R1 & R2 No appearance for R3

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing first respondent to issue No Objection Certificate to petitioner for obtaining compensation from second respondent for the acquisition of petitioner's property at Plot No.31-A, K.K.R. City Annex, Thodukadu, Tiruvallur.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to third respondent is dispensed with.

3. The case of the petitioner is that he had purchased property comprised in Plot No.31-A, Survey No.199/1B part, measuring an extent of 1748 sq.ft situated at 136, Thodukadu, Thiruvallur Taluk, Thiruvallur

District from third respondent vide sale deed dated 04.07.2013 registered as Document No.7735 of 2013 on the file of Sub Registrar, Sriperumbudur. Subsequent to the above purchase, second respondent acquired petitioner's land for providing road connectivity from Mahabalipuram to Ennore Port under Chennai Peripheral Ring Road project by paper publication dated 30.09.2021 and called for objections. Petitioner had approached second respondent for compensation in view of acquisition of his property. First respondent raised objection for disbursing compensation to petitioner stating that petitioner's property along with others properties were pledged by third respondent to avail project loan of Rs.11.75 Crores. Since the 3rd respondent committed default in repayment, proceedings under SARFAESI Act in O.A.No.632 of 2017 was initiated and pending before the Debt Recovery Tribunal.

4. Under these circumstances, petitioner being a bonafide purchaser submitted a representation on 12.03.2025 to first respondent to issue No Objection Certificate for getting compensation for the acquisition

of his property and the same is stated to be pending. Hence, the present writ petition has been filed.

5. At the outset, it was submitted by learned Additional Government Pleader for respondents 1 & 2 that the representation dated 12.03.2025 made by petitioner would be considered and appropriate orders would be passed after issuing notice to petitioner, third respondent and other interested parties within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

6. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the concerned respondent to consider the representation made by petitioner on 12.03.2025 with regard to issuance of No Objection Certificate and pass appropriate orders on its own merits and in accordance with law within a period of twelve weeks from the date of uploading of the web copy without waiting for the receipt of certified copy,

after affording reasonable opportunity of hearing to petitioner, third respondent and any other interested parties, if any. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.

7. Accordingly, the Writ Petition stands disposed of. No costs. 09.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1.The General Manager, The Housing and Urban Development Corporation Ltd., HUDCO Regional Office, 5th Floor, CMDA Tower 1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Partner, M/s.Kumarraja Foundations, No.121, Madhavaram High Road, Perambur, Chennai - 600 011.

MOHAMMED SHAFFIQ, J.

vji 09.07.2025