Mettukuppam Sri Lakshmi Nagar v. Tamil Nadu Housing Board (Tnhb)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.25995 of 2021 Mettukuppam Sri Lakshmi Nagar House Owners' Welfare Association, (Reg No.509/2012), Rep. by its Secretary P.Murugan, Having office at:
Plot No.175, 1st Main Road, Sri Lakshmi Nagar, Alwarthiru Nagar, Chennai - 600 087.
... Petitioner vs.
1.Tamil Nadu Housing Board (TNHB), Rep by its Chairman and Managing Director, Head Office at:CMDA Complex, E&C Market Road, Koyambedu, Chennai - 600 107.
2.Chennai Metropolitan Development Authority (CMDA), Rep. by its Member-Secretary, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3. Greater Chennai Corporation, Rep. by its Commissioner, Ripon Building, Chennai - 600 003.
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4.The Executive Engineer (cum) Administrative Officer, Tamil Nadu Housing Board, K.K.Nagar Division, C-48, 2nd Avenue, Anna Nagar, Chennai - 600 040.
5.The Executive Engineer, Works Department, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Circular dated 05.12.2019 in Letter No.nf/nf/e/nfh/-ep/m/gp-0483-13 issued by the 4th respondent to the 5th respondent and to quash the same in sofar as it relates to the lands in Survey Nos.373/2A, 373/2B, 374/2 and 375 of Nerkundram Village, Maduravoyal Taluk, Chennai District are concerned and direct the respondents 2 and 3 and their Subordinates not to insist on no-objection (NOC) from the Tamil Nadu Housing Board, for Regularization of plots and for approval and sanctioning of planning permission and Building plan, in respect of the lands/plots comprised in Survey Nos.373/2A, 373/2B, 374/2 and 375 of Nerkundram Village, Maduravoyal Taluk, Chennai District. 2/6
For Petitioner :Mr.K.Karthik Jagannath For Respondents : Mr.A.S.Ragul Adhithya for Ms.P.T.Ramadevi Senior Counsel for GCC for R3 and R5 Mrs.Veena Suresh Senior Counsel for CMDA for R2 Mr.A.M.Ravindranath Jeyapal Senior Counsel for R1 and R4
O R D E R
This writ petition is filed challenging the communication of the 4th respondent addressed to 5th respondent insisting no objection certificate from Tamil Nadu Housing Board.
2. When the writ petition was taken up for hearing, the learned counsel appearing for the 4th respondent/Housing Board produced a letter of the 4th respondent addressed to 3rd respondent dated 25.09.2023 in Letter No.K.K.Na.Ko/Ni.A.B/0483/13 stating that the insistence of no objection certificate from Housing Board is withdrawn in respect of S.Nos.284/1A, 373/2A, 373/2B, 374/2 and 375.
3. In view of the letter by the 4th respondent withdrawing insistence of no objection certificate in respect of the petitioner's land, there 3/6
may not be any impediment for the respondents 2 and 3 to consider the application of the petitioner for planning permission and regularisation etc, if the application is otherwise in order.
4. With this observation, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27.09.2023 Index : Yes/No Speaking order:Yes/No ub 4/6
To 1.Tamil Nadu Housing Board (TNHB), Rep by its Chairman and Managing Director, Head Office at:CMDA Complex, E&C Market Road, Koyambedu, Chennai - 600 107.
2.Chennai Metropolitan Development Authority (CMDA), Rep. by its Member-Secretary, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3. Greater Chennai Corporation, Rep. by its Commissioner, Ripon Building, Chennai - 600 003.
4.The Executive Engineer (cum) Administrative Officer, Tamil Nadu Housing Board, K.K.Nagar Division, C-48, 2nd Avenue, Anna Nagar, Chennai - 600 040.
5.The Executive Engineer, Works Department, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
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S.SOUNTHAR, J.
ub 27.09.2023 6/6