Cfm Asset Reconstruction Pvt Ltd v. Tamilnadu Housing Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.20893 of 2023 CFM Asset Reconstruction Pvt. Ltd., Represented by its Authorized officer, Mr.Karthiyk Viswanathan, 1st Floor, Wakefield House, Sporott Road, Ballard Estate, Mumbai - 400 038.

Also at:

Hall Mark Towers, No.550, 4th Floor, T.T.Krishnamachari Road, Alwarpet, Chennai - 600 018

...Petitioner

-Vs1.Tamil Nadu Housing Board, Represented by its Managing Director, CMDA Complex, E & C Market Road, Koyambedu, Chennai - 600 101.

2.The Executive Engineer, Tamil Nadu Housing Board, Anna Nagar Division, Tamil Nadu Housing Board, Chennai - 600 101.

...Respondent

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to consider the representation of the petitioner dated 15.05.2023 and to issue the No1/5

objection Certificate in respect of the property at Plot No.50, Door No.6, Abirami Avenue, 4th Street, Meenambal Street, Kodungaiyur, Chennai - 600 118, comprised in Old Survey No.176/3, Survey No.176/3A1B, present T.S.No.189, Block No.49, Kodungaiyur Village, Perambur Taluk, Chennai District.

For Petitioner : Mr.T.Sai Krishnan For Respondents : Mr.D.Veerasekaran, Standing Counsel for TNEB

ORDER

The grievance of the petitioner is that certain property, which was registered in the name of the borrower of the petitioner but, in the Adangal Register, it is registered in the name of the Tamil Nadu Housing Board. The petitioner could not sell the property due to this mismatch in the entries in the different records maintained by the Revenue Department.

2.The learned counsel for the petitioner informs that the Tahsildar concerned requires an No Objection Certificate from the respondent Tamil Nadu Housing Board, for which purpose, the petitioner has given a representation to the respondents on 15.05.2023. 2/5

3.Mr.D.Veerasekaran, learned Standing Counsel for the Tamil Nadu Housing Board takes notice for the respondents. 4.What is curious about the whole exercise is that it is the Tahsildar who is responsible for the Village A Registrar. If there is a mismatch in the entry, it is he who should hold an enquiry as is required to ascertain it. Unfortunately, the Tahsildar is not a party to this proceedings. 5.This Court directs the respondent Tamil Nadu Housing Board to look to its record and ascertain if the entry in the Adangal is a mistake. The respondent is required to consider the representation of the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. This apart, the petitioner is also required to give a representation to the Tahsildar concerned, who is also required to hold an enquiry in the eventuality of the Tamil Nadu Housing Board's NOC is not forthcoming. No costs.

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6.The Writ Petition is disposed of accordingly. No costs. 14.07.2023 Index : Yes/No Internet : Yes/No Tsg To 1.Tamil Nadu Housing Board, Represented by its Managing Director, CMDA Complex, E & C Market Road, Koyambedu, Chennai - 600 101.

2.The Executive Engineer, Tamil Nadu Housing Board, Anna Nagar Division, Tamil Nadu Housing Board, Chennai - 600 101.

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N.SESHASAYEE, J., Tsg Order made in 14.07.2023 5/5