M/S.Sam /S. Sam Surya Constructions Pvt Ltd v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. M/s.Sam /s. Sam Surya Constructions Pvt Ltd Rep By Its Director P.Gopal, No.124, Raja Annamalai Road, Saibaba Colony, Coimbatore -641 011 Petitioner(s) Vs
1. The Managing Director Tamilnadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai-600 107 2.The Executive Engineer Tamilnadu Housing Board, No.22C5 + F 27 Peelamedu, HUDCO Colony, Coimbatore-641 004 3.The Special Tahsildar (Land Acquisition) Housing Scheme Unit-I, Coimbatore
4.The Tahsildar Coimbatore North Taluk, Coimbatore Respondent(s) PRAYER Directing the 1 st respondent to issue No objection certificate in respect of the lands measuring an extent of 1 acre comprised in S.F.No.968/3 now sub divided as S.No.968/3B, 1 acre comprised in S.F.NO.968/2 now subdivided as S.No.968/3B and an extent of 0.75 acre comprised in S.F.No.968/2 now subdivided as 968/4A and 968/5A in all totalling to an extent of 2 acres 75 cents in Kalapatty village, Coimbatore North Taluk, Coimbatore District based on the representation given by the petitioner on 16.11.2022. For Petitioner(s):
Mr. Mr. Ramesh Venkatachalapathy For Respondent(s):
Mr. V.Gunasekar Standing Counsel For R1 And R2 Mr.E.Vijay Anand Additional Government Pleader For R3 And R4.
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the 1 st respondent to issue No Objection Certificate to the petitioner with respect to the subject property based on the representation made by the petitioner on 16.11.2022.
2. Heard Mr. Ramesh Venkatachalapathy, the learned counsel for the petitioner and Mr.V.Gunasekar, the learned Standing Counsel appearing for the respondents 1 and 2 and Mr. E.Vijay Anand, the learned Additional
Government Pleader for the respondents 3 and 4.
3. The specific case of the petitioner is that the acquisition proceedings came to be quashed by this Court in W.P.No.25766 of 2005 by order dated 16.02.2006. Therefore, according to the petitioner, no acquisition proceedings are pending as on date. However, in order to deal with the property, the No Objection Certificate from the Housing Board is insisted. The representation was made in this regard, and since the same was not considered, the present writ petition came to be filed before this Court.
4. The learned counsel for the petitioner is also relying upon the earlier order passed by this Court in W.P.Nos.38519 of 2024 and 38522 of 2024, dated 24.01.2025.
5. In the considered view of this Court, if the subject property over which the petitioner is claiming right and title, is also a subject matter in the writ petitions, in which the acquisition proceedings were quashed. The earlier order passed by this Court in W.P.Nos.38519 and 38524 of 2024 order dated 24.01.2025 will equally apply to the petitioner also and in which event, the No Objection Certificate has to be granted in favour of the petitioner. On the contrary, if this subject property did not fall within the scope of the order passed by this Court quashing the acquisition proceedings, the 1 st respondent shall respond to the petitioner by stating as to why the No Objection Certificate
cannot be granted in favour of the petitioner. This process shall be completed by the 1 st respondent within a period of four weeks from the date of receipt of a copy of this order.
6. This writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.
20-08-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Managing Director Tamilnadu Housing Board, Cmda Complex, E And C Market Road, Koyambedu, Chennai-600 107 2.The Executive Engineer Tamilnadu Housing Board, No.22c5 Plus F 27 Peelamedu, Hudco Colony, Coimbatore-641 004 3.The Special Tahsildar (land Acquisition) Housing Scheme Unit-i, Coimbatore 4.The Tahsildar Coimbatore North Taluk, Coimbatore
N.ANAND VENKATESH J.
gd 20-08-2025