Madras High CourtWP/27505/2014disposed of

V.G.Ranganathan, v. The Secretary To Government

2021-11-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.27505 OF 2014 V.G.Ranganathan ... Petitioner Vs

1. The Secretary to Government of Tamil Nadu Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600 035.

3. The District Collector, Collectorate Complex, Coimbatore, Coimbatore District.

4. The Special Tahsildar (Land Acquisition) Housing Scheme Unit-II, Coimbatore.

5. The Tahsildar, Coimbatore North, Coimbatore District.

... Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the 5th respondent in Na.Ka.No.9658/2014/A1 dated 02.09.2014, quash the same and consequently direct the 5th respondent to issue patta in the name of the petitioner without insisting for the production of no objection certificate from the 2nd respondent. For Petitioner : Mr.P.Satheesh Kumar For Respondents : Mr.Richardson Wilson, 1, 3, 4, 5 Government Advocate For Respondent 2 : Dr.R.Gouri, Standing counsel

O R D E R

This writ petition has been filed to issue a Writ of Certiorarified Mandamus to call for the records of the 5th respondent in Na.Ka.No.9658/2014/A1 dated 02.09.2014, quash the same and consequently direct the 5th respondent to issue patta in the name of the petitioner without insisting for the production of no objection certificate from the 2nd respondent.

2. Since, already the land acquisition proceedings was quashed. In pursuant to the quashment of the acquisition proceedings the petitioner applied for patta for the subject land before the fifth respondent. However, the fifth respondent rejected the request of the petitioner for rejection of patta directed to get no objection certificate from the Tamil Nadu Housing Board, all the records already stood in the name of the Tamil Nadu Housing Board.

3. Since the review application is pending in Rev.A.No.180 of 2017 it cannot be considered by the fifth respondent for issuance of patta for the subject properties. Therefore, the fifth respondent rightly rejected the request of the petitioner. This Court finds no infirmity or illegality of the order passed by the fifth respondent.

4. However, if the petitioner succeeds in the review application, he is at liberty to make a fresh application for issuance of patta before the fifth respondent. On receipt of the same, the fifth respondent is directed to issue patta in favour of the petitioner without insisting no objection certificate from the Tamil Nadu Housing Board.

5. With the above directions, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar rna To