Madras High CourtWP/31093/2025disposed of

A. Palaniswamy v. The Managing Director

2025-08-28Honourable Mr Justice N. Anand Venkatesh11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH & WMP No.34856 of 2025

1. A. Palaniswamy, S/o. Late P. Arumuga Gounder, No.88B, 4th Street, Sivanandhapuram, Coimbatore -641 035 2.K.A. Amirtham, D/o. Late P. Arumuga Gounder, No.88B, 4th Street, Sivanandhapuram, Coimbatore -641 035 3.A. Paneerselvam, S/o. Late P. Arumuga Gounder, No.88B, 4th Street, Sivanandhapuram, Coimbatore -641 035 4.S. Krishnamoorthy, S/o Late Swaminathan, No.88- B, 4th Street, Sivanandhapuram, Coimbatore -641 035 5.S.Saraswathi, D/o Late Swaminathan, No.88- B, 4th Street, Sivanandhapuram, Coimbatore -641 035 Petitioner(s) Vs

1. The Managing Director Tamil Nadu Housing Board (TNEB), CMDA Complex, E and C Market Road, Koyembedu, Chennai-600 107 2.The District Collector, Coimbatore.

3.The Executive Engineer, TNEB, Coimbatore.

4.The Tahsildar, Coimbatore North, Coimbatore 5.The Special Thasildar (TNEB) Coimbatore.

6.The Sub Registrar, Registration Office, Gandhipuram, Coimbatore Respondent(s) PRAYER This Writ Petition has been filed seeking for issuance of a Mandamus, directing the 1st Respondent to issue ''No Objection Certificate'' in Petitioners' names for the property located in S.F. No.297/1B, 296/3 and 296/2A in Kalapatti West Village, Coimbatore Taluk, Coimbatore.

For Petitioner(s):

Mr.N.Krishna Kumar, for Mr.S.Mukunth, Sc, for M/s.Sarvabhauman Associates For Respondent:

Mr.T.M.Rajangam, GA for R2, 4, 5 & 6

ORDER

This Writ Petition has been filed seeking for issuance of a Mandamus, directing the 1st respondent to issue ''No Objection Certificate'' in the name of the petitioners with respect to the subject property located in S.F. No.297/1B, 296/3 and 296/2A in Kalapatti West Village, Coimbatore Taluk, Coimbatore. 2.When the matter is taken up for hearing on 18.08.2025, this Court passed the following order:

''Mr.V.Gunasekar, learned Standing counsel take notice on behalf of the respondents 1 to 3 and seeks for some time to take instructions in this case.

2.The learned Senior counsel appearing on behalf of the petitioners submitted that land acquisition proceedings came to be quashed by this Court, and the subject property was purchased by their father through various Sale Deeds and patta was also standing in his name. In spite of the same, the petitioners were directed to get the NOC from the Housing Board. The petitioners also submitted the relevant documents by paying the necessary scrutiny fees. Since no action was taken, the present Writ Petition has been filed before this Court.

3.Post this case at the end of the motion list on 28.08.2025. 3.When the matter is taken up for hearing today, learned Government Advocate appearing on behalf of the Housing Board produced the written instructions received from the third respondent. On going through the same, it is seen that the order passed in the Writ Petition in WP No.32365 of 2004, quashing the notification issued under Section 4(1) of the Land Acquisition Act, has become final and no Appeal has been filed. However, in sofar as the second petitioner is concerned, she already filed a Writ Petition in WP No.22163 of 2018 for a similar prayer and the said Writ Petition was disposed of vide order dated 29.08.2018. Pursuant to the same, since the second petitioner did not produce the relevant documents, the NOC was rejected through a letter dated 14.06.2021.

4.Heard Mr.N.Krishna Kumar, learned counsel for the petitioner and Mr.T.M.Rajangam, learned Government Advocate appearing for the respondents 2, 4, 5 & 6 and carefully perused the material available on record. 5.There is no dispute with regard to the fact that the notification issued under Section 4(1) of the Act has already been quashed by this Court and this order has become final. Thus the acquisition proceedings has come to an end. Therefore, if the petitioners produce the relevant documents before the Housing Board, they will be issued with the NOC.

6.In view of the above, there shall be a direction to the third respondent to issue the ''No Objection Certificate'' to the petitioners with respect to the subject property, subject to the condition that the petitioners will produce the relevant documents before the third respondent. This process shall be completed within a period of eight(8) weeks from the date of receipt of a copy of this order.

7. The Writ Petition is disposed of, with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 28-08-2025 Dn

Index:Yes/No Speaking/Non-speaking order Internet:Yes

1. The Managing Director Tamil Nadu Housing Board (TNEB), CMDA Complex, E and C Market Road, Koyembedu, Chennai-600 107 2.The District Collector, Coimbatore.

3.The Executive Engineer, TNEB, Coimbatore.

4.The Tahsildar, Coimbatore North, Coimbatore 5.The Special Thasildar (TNEB) Coimbatore.

6.The Sub Registrar, Registration Office, Gandhipuram, Coimbatore

N.ANAND VENKATESH, J.

dn 28.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.31093 of 2025

1. A. Palaniswamy, S/o. Late P. Arumuga Gounder, No.88~B, 4th Street, Sivanandhapuram, Coimbatore ~641 035 2.K.A. Amirtham, D/o. Late P. Arumuga Gounder, No.88~ B, 4th Street, Sivanandhapuram, Coimbatore ~641 035 3.A. Paneerselvam, S/o. Late P. Arumuga Gounder, No.88~ B, 4th Street, Sivanandhapuram, Coimbatore ~641 035 4.S. Krishnamoorthy, S/o Late Swaminathan, No.88~ B, 4th Street, Sivanandhapuram, Coimbatore ~641 035 5.S.Saraswathi, D/o Late Swaminathan, No.88~ B, 4th Street, Sivanandhapuram, Coimbatore ~641 035 Petitioners Vs.

1. The Managing Director Tamil Nadu Housing Board (TNHB), CMDA Complex, E and C Market Road, 8/11

Koyembedu, Chennai~600 107 2.The District Collector, Coimbatore.

3.The Executive Engineer, TNHB, Coimbatore.

4.The Tahsildar, Coimbatore North, Coimbatore 5.The Special Thasildar (TNHB) Coimbatore.

6.The Sub Registrar, Registration Office, Gandhipuram, Coimbatore Respondents Prayer : This Writ Petition has been filed seeking for issuance of a Mandamus, directing the 1st Respondent to issue --No Objection Certificate-- in Petitionersnames for the property located in S.F. No.297/1B, 296/3 and 296/2A in Kalapatti West Village, Coimbatore Taluk, Coimbatore.

For Petitioner(s): Mr.N.Krishna Kumar, for Mr.S.Mukunth, Sc, for M/s.Sarvabhauman Associates For Respondent: Mr.T.M.Rajangam, GA for R2, 4, 5 & 6 Mr.R.Gunasekar Standing Counsel for R1 and R3 9/11

O R D E R

The matter was posted under the caption 'For Being Mentioned' today on the ground that the names of the respondents in the cause title were wrongly typed. Therefore, the names of the respondents in the cause title of the order dated 28.08.2025, shall be replaced as follows: "1. The Managing Director Tamil Nadu Housing Board (TNHB), CMDA Complex, E and C Market Road, Koyembedu, Chennai~600 107 2.The District Collector, Coimbatore.

3.The Executive Engineer, TNHB, Coimbatore.

4.The Tahsildar, Coimbatore North, Coimbatore 5.The Special Thasildar (TNHB) Coimbatore.

10/11

N. ANAND VENKATESH, J.

ssr 6.The Sub Registrar, Registration Office, Gandhipuram, Coimbatore" 2.The Registry is directed to carry out the necessary corrections in the order and issue fresh order copy.

05.02.2026 ssr W.P.No.31093 of 2025 11/11