N.Satish Kumar v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2015 CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WRIT PETITION NO.38041 OF 2015 1.N.Satish Kumar 2.A.Willson 3.Robert D.Silva 4.Premalatha 5.G.Raman 6.K.Muralidharan 7.M.Ravikumar 8.A.Arunachalam 9.S.Arunachalam 10.A.Rafiq Ali 11.P.Murthy 12.R.Vasantha 13.N.Tamilselvi 14.A.Rangasamy 15.K.Nataraj 16.Jenifer William 17.Shakul Ahameed 18.Panneerselvam 19.S.Abraham Thomas 20.Shanmugam 21.Manimuthu 22.R.Vadivelu 23.Venkatasubbulakshmi 24.S.Kannan 25.Ravikumar 26.Ruckmani 27.K.Saravanan 28.N.Saroja 29.Hafel Mary Rozarso 30.B.R.Satish 31.Keerthi Maria 32.K.Saravanan 33.T.Vincent 34.Selvam Gunaseelan 35.Sudalaiu Muthu 36.A.Mohammed Ismail
37.D.Saraswathi 38.D.Saraswathi 39.P.Mallika 40.C.S.Palaniamma 41.K.Pushpagandhi 42.Saraswathi 43.T.S.Balasubramaniam 44.S.Jayanthi 45.Maheswari 46.Vennila Velusamy 47.Vennila 48.Alice Sharmila 49.Sree latha Krishnan 50.Prakash 51.Kuttappan 52.Rafiq 53.Manjula 54.Shafiullah 55.Gandhimathi 56.N.Sathish
...Petitioner
Vs 1.The State of Tamil Nadu, rep.by its Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai-9.
2.The Special Tahsildar (Land Acquisition), Tamil Nadu Housing Board, Tatabad, Coimbatore-12.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent herein to issue N.O.Cs. (No objection certificates) to the petitioners here in respect of their housing plots in S.F.Nos.14/2, 15/3, 18/2, 18/3, 19/1 and 21/1 in Ganapathi Village, Coimbatore North Taluk, Coimbatore District.
For Petitioners : Mr.K.Radhakrishnan For Respondent-1 : Mr.R.Rajeswaran, SGP For Respondent-2 : Mr.B.Vivekavanan
ORDER
Mr.R.Rajeswaran, learned Special Government Pleader takes notice for the first respondent. Mr.B.Vivekavanan, learned Standing Counsel takes notice for the second respondent. Heard the learned counsel for the petitioners. By consent, the writ petition itself is taken up for final disposal.
2. The petitioners would state that their lands were acquired for a scheme of the Housing Board. The land acquisition proceedings were challenged in a batch of cases in W.P.Nos.10223 of 1986 etc. batch and the acquisition proceedings were quashed by order dated 10.12.1991. The petitioners would further state that as on date, the acquisition proceedings having been quashed, the second respondent should grant no objection certificates to the petitioners to enable them to develop the property.
3. As rightly pointed out by the learned Standing Counsel for the Housing Board, the representation should be made to the Competent Authority of the Housing Board, since the role of the Special Tahsildar is over after the land acquisition proceedings have been completed and a Declaration under Section 6 has been made.
4. Therefore, the writ petition is disposed of with liberty to the petitioners to submit a representation to the Competent Authority of the Housing Board and if the same is done, the Competent Authority shall consider the petitioners'
representations for grant of no objection certificates on merits and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of such representation. No costs.
Sd/- Assistant Registrar(CCC) True Copy Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai-9.
2.The Special Tahsildar (Land Acquisition), Tamil Nadu Housing Board, Tatabad, Coimbatore-12.
+1cc to Mr.K.Radhakrishnan, Advocate sr.64935 +1cc to The Government Pleader Sr.65215 +1cc to Mr.B.Viveka Vanan, Advocate Sr.65436 WP.No.38041 of 2015 bvr[co] srg 09/12/2015