Madras High CourtWP/20516/2024disposed of with direction

Velusamy v. The State Of Tamil Nadu

2025-11-06Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI Velusamy S/o.Ramasamy, Old No.103/1, Gandhiji nd Street, Ramnagar, Kollampalayam, Erode Taluk, Erode - 638 002.

Petitioner(s) Vs

1. The State Of Tamil Nadu Rep. by the Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The Executive Engineer / Executive Officer, Erode Housing Unit, Tamil Nadu Housing Board, Sampath Nagar Main Road, Erode - 638 011.

3.The Sub- Registrar, Sub Registration Office Erode Joint -1, Erode.

Respondent(s) PRAYER This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 2 nd respondent to issue No-Objection Certificate for registering the property bearing Plot No.B-13 measuring 1778 1/2 sq.ft. comprised in Survey No.754 /1 Part (Old S.F.No.754 /1) situated at Railways Employees Nagar, near Subramaniya Nagar, Erode Taluk and Erode district by considering the petitioner representation dated 15/02/2020, 11/03/2022 and 27/03/2024 pending before the 2 nd Respondent within a time stipulated by this Honourable Court.

For Petitioner(s):

Mr.S.Ananth For Respondent(s):

Mr.M.Rajendiran, Additional Government Pleader for R1 & R3 Mr.J.Pachiyappan, Standing Counsel for R2

ORDER

This writ petition is filed seeking for a direction to the 2 nd respondent to issue No-Objection Certificate for registering the property bearing Plot No.B-13 measuring 1778 1/2 sq.ft. comprised in Survey No.754/1 Part (Old S.F.No.754 /1) situated at Railways Employees Nagar, near Subramaniya Nagar, Erode Taluk and Erode district by considering the petitioner representation dated 15/02/2020, 11/03/2022 and 27/03/2024 pending before the 2 nd Respondent

within a time stipulated by this Court.

2.The case of the petitioner is that the petitioner had purchased a house site bearing Plot No.B-13 measuring 1778 1⁄2 Sq.ft., comprised in Sy.No.754/1 Part (Old S.F.No.754/1) situated at Railway Employees Nagar, near Subramaniya Nagar, Erode Taluk and Erode District through a Registered Sale Deed dated 17.05.1996. Thereafter, on 12.07.2017, petitioner sold the above mentioned property to one D.Raja through a registered sale deed dated 12.07.2017 in Document No.3429/2017.

3.The further case of the petitioner is that in 2020 the said D.Raja had offered to resale the above mentioned property back to the petitioner and petitioner was also willing to buy the same. However, when the petitioner approached the third respondent to register the sale deed as regards the said property in his favour, after having paid entire sale consideration, the same was refused by the third respondent citing that there was some objection raised by the second respondent and sought for a No Objection Certificate from the

second respondent. Thereafter, the petitioner had sent several representations dated 15.02.2020, 11.03.2022 and 27.03.2024 to the second respondent seeking to issue No Objection Certificate to the petitioner as regards the said property, however, the same has not been considered by the second respondent till date. Hence, the present writ petition.

4.The learned counsel for the petitioner informed to the Court that during the pendency of the writ petition, the State Government vide G.O.(Ms.) No.52, Housing & Urban Development [LA-2(2)] Department dated 27.03.2025 withdrew the acquisition proceedings in respect of the land in S.F.No.754/1 of Erode District mentioned above and hence, prays for a direction to the second respondent to issue No Objection Certificate to the petitioner considering the representation of the petitioner dated 27.03.2024. 5.In view of the above, the second respondent is now directed to consider the representation of the petitioner dated 27.03.2024 for issuance of No Objection Certificate and pass appropriate orders, in terms of G.O.(Ms.) No.52,

dated 27.03.2025, within a period of six (6) weeks from the date of receipt of a copy of this order. Further, in case of the No Objection Certificate being issued by the second respondent, the petitioner may thereafter produce the same before the third respondent for registration of the property in his favour. 6.The writ petition is disposed of accordingly. No costs. 06-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The State Of Tamil Nadu Rep. by the Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The Executive Engineer / Executive Officer, Erode Housing Unit, Tamil Nadu Housing Board,

Sampath Nagar Main Road, Erode - 638 011.

3.The Sub- Registrar, Sub Registration Office Erode Joint -1, Erode.

M.DHANDAPANI J.

Tsg

06-11-2025