Pappayammal v. The Managing Director

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Pappayammal 2.Kannammal @ Bakkiyam 3.S. Balamani Petitioner(s) Vs

1. The Managing Director Tamil Nadu Housing Board, Koyambedu, Chennai 2.The Exeucitve Engineer / Administrative Officer Tamil Nadu Housing Board, Sampath Nagar, Erode Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to issue NOC in respect of the land situated in S.F. Nos.479/3, 480/3, 479/4 and 480/4 at

2/8 Kasipalayam C- Village, (Erode E village), Erode District so enable the petitioners to register the same before the Sub Registrar Office. For Petitioner(s):

Mr.C.Prakasam For Respondent:

Mr.J.Pachaiyappan Standing Counsel

ORDER

This writ petition has been filed for issue of writ of mandamus directing the respondents to issue No Objection Certificate in respect of the subject property in S.F.Nos.479/3, 480/3, 479/4 and 480/4 at Kasipalayam C- Village, (Erode E Village), Erode District.

2.Heard Mr.C.Prakasam, learned counsel appearing on behalf of the petitioners and Mr.J.Pachaiyappan, learned Standing Counsel appearing on behalf of the respondents.

3.The learned counsel for the petitioners brought to the notice of this Court the order passed in W.P.No.11789 of 2024 pertaining to the very same

3/8 property and which was filed by the co-owner of the property. The relevant portions in the order dated 20.03.2025 are extracted hereunder:

2. The entire order that is passed on 12.03.2025 in W.P.No.8453 of 2025 is extracted hereunder for ready reference:- "This Writ Petition is filed for a direction to the respondent Nos.1 to 3 to issue No Objection Certificate insofar as the land situated in S.No.718/3, Erode E-Village, Rangampalayam, Erode District to the extent of 0.97.0 areas.

2.The grievance of the petitioner is that earlier, when the aforementioned land was sought to be acquired for the purposes of the Housing Board for forming a housing colony, by the Secretary to the Government, Housing and Urban Development Department, the land owners, including the petitioner, challenging the Land Acquisition Proceedings in G.O.Ms.No.25, Housing and Urban Development Department dated 17.01.1997. The Writ Petition was allowed by the order, dated 27.07.2006 and it is essential to

4/8 extract the operative portion that is contained in paragraph No.5 which reads as follow:- "5.In such view of the matter, Section 6 declaration is vitiated. Since 4(1) notification was issued long back, such notification is also quashed and the writ petition is allowed. No costs. It is open to the appropriate authority to initiate fresh proceedings, if there is any necessity and justification". Thus, it can be seen that the entire Land Acquisition Proceedings have been quashed.

3.When the matter is taken up for admission, the learned counsel for the Housing Board or the learned Government Advocate is not in a position to demonstrate that any appeal is filed against the said order. Once the Land Acquisition Proceedigns are quashed, thereafter the Sub- Registrar or for that matter, any other authority, cannot insist upon issuing of No Objection Certificate. The petitioner will be fully entitled to deal with the property, mutate in the records or sell or present any such document affecting the property. Once the Land Acquisition

5/8 Proceedings are quashed by this Court, thereafter, the Housing Board or for that matter, any other authority need not issue any No Objection Certificate in respect thereof. 4.Therefore, by recording the same that no authority can insist upon any No Objection Certificate for any purpose from the Housing Board or from any Government authority for the fact that the matter was subject to acquisition, this Writ Petition stands disposed of. There shall be no order as to costs."

3. This Writ Petition is disposed of on the same terms. No costs.

4.The above order will enure in favour of the petitioners also, who are claiming to be the co-owner of the same Survey Number. Hence, this writ petition is disposed of in terms of the order passed in W.P.No.11789 of 2024 and there shall be a direction to the respondents to issue NOC to the petitioners. This process shall be completed by the respondents, within a period of four weeks from the date of receipt of copy of this order.

6/8 5.This writ petition is disposed of with the above directions. No Costs. 18-06-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

7/8 To

1. The Managing Director Tamil Nadu Housing Board, Koyambedu, Chennai 2.The Exeucitve Engineer / Administrative Officer Tamil Nadu Housing Board, Sampath Nagar, Erode

8/8 N.ANAND VENKATESH J.

ssr 18-06-2025 (2/2)