P.Appukuttan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Appukuttan, S/o.Palanimalai ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Secretary, Department of Revenue and Disaster Management, Fort St. George, Chennai - 600 009.
2.The Special Commissioner, Urban Land Tax and Urban Land Ceiling, Chepauk, Chennai - 600 005.
3.The Assistant Commissioner, Urban Land Tax and Urban Land Ceiling, Collector Office Compound, Coimbatore - 641 001.
4.The Secretary to Government, Home (Transport) Department, COP Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
5.The Regional Transport Office (Coimbatore North), Regional Transport Office (RTO) North, 337, Vellakinar Road, 1/6
Near CTC Colony, Thudiyalur, Coimbatore - 641 004.
Tamil Nadu.
6.The Tamil Nadu State Marketing Corporation Limited, Represented by its Managing Director, Thalamuthu Natarajan Maaligai, Gandhi-Irwin Road, Egmore, Chennai - 600 008.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to consider the representation dated 21.04.2025 within a time frame fixed by this Court and to direct the 3rd respondent to issue No Objection Certificate (NOC) in respect of the subject property Plot No.60 situated in S.No.7/3, Saravanampatti Village, Coimbatore Taluk of Deiveega Nagar.
For Petitioner : Mr.R.Ganesan For Respondents : Mr.A.Selvendran Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus, to direct the 3rd respondent to consider the representation dated 21.04.2025 made by the petitioner and to issue No Objection Certificate (NOC) in respect of the 2/6
property comprised in S.No.7/3, Plot No.60, admeasuring an extent of 4 cents from and out of the total extent of 9.54 acres, situated at Deiveega Nagar, Saravanampatti Village, Coimbatore Taluk, Coimbatore District.
3. It is submitted that petitioner's property is not in any manner affected by the order or the actions of the authority under the Urban Land (Ceiling and Regulation) Act, 1976. Thus, insistence on the No Objection Certificate (NOC) by the registering authority is unwarranted.
4. Mr.A.Selvendran, learned Special Government Pleader for the respondents would submit that the representation dated 21.04.2025 made by the petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view of the limited relief that is prayed, this Court is inclined to dispose of this writ petition and accordingly, this writ petition is disposed of with following directions:- i) The respondents shall consider the representation in accordance with 3/6
law, after issuing notice to the petitioner and all other interested parties including rival claimants, if any.
ii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry, if any, while considering the representation necessary.
iii) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy. iv) It is made clear that this Court has not expressed any views with regard to the merits of the matter and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs. 04.08.2025 (5/9) Speaking (or) Non Speaking Order arb 4/6
To 1.The Secretary, Government of Tamil Nadu, Department of Revenue and Disaster Management, Fort St. George, Chennai - 600 009.
2.The Special Commissioner, Urban Land Tax and Urban Land Ceiling, Chepauk, Chennai - 600 005.
3.The Assistant Commissioner, Urban Land Tax and Urban Land Ceiling, Collector Office Compound, Coimbatore - 641 001.
4.The Secretary, Government of Tamil Nadu, Home (Transport) Department, COP Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
5.The Regional Transport Office (Coimbatore North), Regional Transport Office (RTO) North, 337, Vellakinar Road, Near CTC Colony, Thudiyalur, Coimbatore - 641 004.
Tamil Nadu.
6.The Managing Director, The Tamil Nadu State Marketing Corporation Limited, Thalamuthu Natarajan Maaligai, Gandhi-Irwin Road, Egmore, Chennai - 600 008.
MOHAMMED SHAFFIQ, J.
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arb 04.08.2025 (5/9) 6/6