Nadukannan@Munusamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Nadukannan @ Munusamy ... Petitioner Vs.
1.The District Collector District Collector Office, Dharmapuri District.
2.The revenue Divisional Officer, O/o., Revenue Divisional Officer, Pennagaram Taluk, Dharmapuri District.
3.The Special Tahsildar, Adi Dravidar Welfare Dharmapuri Division, Dharmapuri District.
4.The Tahsildar, Pennagaram Taluk, Dharmapuri District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to issue No Objection Certificate (NOC) to the plot No:17, in Survey No:852/2 (New Survey No:852/29) at K.Kullathirampatti Village, Pennagaram Taluk, Dharmapuri 1/5
District with an extent of 2 cents based on petitioner's representation dated 18.01.2025.
For Petitioner : Mr.P.Ponraj 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 respondents to issue No Objection Certificate (NOC) to the property comprised in Plot No:17, Survey No:852/2 (New Survey No:852/29), measuring an extent of 2 cents, situated at K.Kullathirampatti Village, Pennagaram Taluk, Dharmapuri District, based on petitioner's representation dated 18.01.2025.
3. It is submitted by the learned counsel for petitioner that on 26.11.1992, house site patta in respect of the subject property was issued to the petitioner under the Adi Dravidar Welfare Scheme. On 18.05.2022, 4th respondent issued a online patta bearing Patta No.2225, for the subject property inter-alia with the following conditions:
(a) The subject property can be sold to other person who belong to the 2/5
same community only with prior permission from 2nd respondent and sale of subject property to other community people is prohibited; (b) Breach of the above condition would lead to cancellation of patta.
4. It is further submitted that petitioner submitted a representation dated 18.01.2025 for issuance of No Objection Certificate intending/proposing to execute a gift deed in respect of the subject property in favour of his legal heirs and the same is stated to be pending.
5. The learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation dated 18.01.2025 would be considered and the No Objection Certificate would be provided if the petitioner complies all the conditions necessary thereof, within a time frame to be fixed by this Court. Agreed to by the learned counsel for the petitioner.
6. In view thereof, the writ petition stands disposed of with a direction to the respondents to consider petitioner's representation dated 18.01.2025 and provide No Objection Certificate, if petitioner had complied with all the necessary conditions. The above exercise shall be completed within a period of 18 weeks from the date of uploading of web copy without waiting for the receipt 3/5
of certified copy, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and any other interested parties. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.
01.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mpa To:
1.The District Collector District Collector Office, Dharmapuri District.
2.The revenue Divisional Officer, O/o., Revenue Divisional Officer, Pennagaram Taluk, Dharmapuri District.
3.The Special Tahsildar, Adi Dravidar Welfare Dharmapuri Division, Dharmapuri District.
4.The Tahsildar, Pennagaram Taluk, Dharmapuri District.
MOHAMMED SHAFFIQ, J.
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