Madras High CourtWP/20623/2025disposed of

Nirmala Shankar v. M/S.Tamil Nadu Housing Board (Tnhb)

2025-07-24Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 20623 of 2025 and WP No. 20625 of 2025

1. Nirmala Shankar W/o.Sankaranarayan, Residing at Plot No.90, Old Door No.11, New Door No.4, 11th Street, Tansi Nagar, Velachery, Chennai- 42 Represented by it's Power of Attorney Mr.Ravichandran, M/61, Senior Citizen, S/o.Muthusamy, No.30A, 10th Cross Street, Dhandeswaram Nagar, Velacherry, Ch-42.

Petitioner(s) Vs

1. M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Chairman and Managing Director, Head Office at CMDA Complex, E & C Market Road, Koyambedu, Chennai- 107.

2.M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Executive Engineer and Administrative Officer, No.48, Dr.Muthulakshmi Salai, Adyar, Chennai- 20.

3.The Tahsildar O/o. The Tahsildar, Sholinganallur Taluk, Chennai.

Respondent(s)

WP No. 20625 of 2025 Mrs.Nirmala Shankar W/o.Sankaranarayan, Represented by it's Power of Attorney Mr.Ravichandran, M/61, Senior Citizen, S/o.Muthusamy, No.30A, 10th Cross Street, Dhandeswaram Nagar, Velacherry, Ch-600 042.

Petitioner(s) Vs

1. M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Chairman and Managing Director, Head Office at CMDA Complex, E & C Market Road, Koyambedu, Chennai- 600 107.

2.M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Executive Engineer & Administrative Officer, No.48, Dr.Muthulakshmi Salai, Adyar, Chennai- 600 020.

3.The Tahsildar, O/o. The Tahsildar, Sholinganallur Taluk, Chennai.

Respondent(s) PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd Respondent to consider the petitioner representation dated 12.05.2025, not to interfere with the construction activities of plot No.5, survey No.365/3 (part), situated in Tesco Annex, as per the present patta No. 5994, corresponding to S.No. 365/9, measuring an extent of 2.00 Ares (i.e.,2152 square feet), located in Sholinganallur village, sholinganallur taluk, Chennai district, to provide No Objection Certificate (NOC) be issued for the said property. WP No. 20625 of 2025 PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd Respondent to consider the representation dated 12.05.2025, not to

interfere with the construction activities of the plot No.6, survey No.365/3 and 4 (part), situated in "Tesco Annex", as per present patta No. 6303, corresponding to S.No.365/3A2, for an extent of 1.40 Ares(i.e .1506 square feet) located at Sholinganallur village, sholinganallur taluk, Chennai district, to provide No Objection Certificate (NOC) be issued for the said property. For Petitioner(s): Mr. P.K. Ganesh For Respondent(s):

Mr. A.M. Ravindranath Jeyapal Standing Counsel For R1 And R2.

Mr.E.Vijay Anand, AGP For R3.

COMMON ORDER Both these writ petitions have been filed for a direction to the Housing Board to issue the No objection certificate to the petitioner and not to interfere with the construction activities carried out by the petitioner in the subject properties viz., Plot No.5 at Survey No.365/3(Part) and Plot No.6 at Survey No.365/9. 2.

When these writ petitions came up for hearing during earlier occasion, this Court directed the learned Standing Counsel appearing for the Housing Board to get instructions along with the original file. Accordingly, the written instructions were placed before

this Court. It is seen that insofar as the property in Survey No.365/3 is concerned, it was already a subject matter of acquisition that took place in the year 1991 and for which, an award has already been passed in the year 1993. The Housing board has also taken a stand that they have taken possession of the property. Insofar as the survey No.365/9 is concerned, it has been categorised as open space reservation OSR land and it has also been handed over to the Chennai Corporation for the purpose of laying the park. It is further stated that steps are being taken to cancel the patta that has been issued in the name of the petitioner with respect to the subject properties.

In the light of the above stand taken by the respondent, there is no question of granting the relief as sought for by the petitioner. If the petitioner is aggrieved by the fact that no notice was served and the procedure was not properly followed while acquiring the properties, the petitioner has to question the same in the manner known to law. Except giving this clarity/ liberty no further orders can be passed in these writ petitions.

Both these writ petitions are disposed of in the above terms. No costs.

24-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

1. M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Chairman and Managing Director, Head Office at CMDA Complex, E & C Market Road, Koyambedu, Chennai- 600 107.

2.M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Executive Engineer & Administrative Officer, No.48, Dr.Muthulakshmi Salai, Adyar, Chennai- 600 020.

3.The Tahsildar, O/o. The Tahsildar, Sholinganallur Taluk, Chennai.

N.ANAND VENKATESH J.

rka WP No. 20623 of AND WP NO. 20625 OF 2025 24-07-2025