Tmt.V.Ambika v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN & WMP.Nos.7449 to 7451/2016 Tmt.V.Ambika ... Petitioner in WP.No.15423/2016 B.Venkatachari ... Petitioner in WP.No.15424/2016 Mrs.V.Suseela ... Petitioner in WP.No.15425/2016 A.T.Rengaraju ... Petitioner in WP.No.15426/2016 N.Vedachalam ... Petitioner in WP.No.15427/2016 S.Abdul Munap ... Petitioner in WP.No.15428/2016 C.J.Rajasekar ... Petitioner in WP.No.15429/2016 Vs 1/8
1.The State of Tamil Nadu rep.by its Principal Secretary to Government Housing and Urban Development Department Fort St George, Chennai 600 009.
2.The Managing Director Tamil Nadu Housing Board No.33, Anna Salai, Nandanam Chennai 600 034.
3.The Executive Engineer Tamil Nadu Housing Board Bagalur Road, Hosur Krishnagiri District.
4.The Special Tahsildar [Land Acquisition] Housing Scheme, TNHB, Bagalur Road Hosur, Krishnagiri District.
5.The Special Tahsildar Town Survey and Settlement Office Royakottai Road, Hosur Krishnagiri District.
... Respondents in all WPs Prayer in WP.No.15423/2016: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 to 4 to issue No Objection Certificate for transfer of patta in respect of housing site to an extent of 1200 sq.ft., comprised in S.No.928/2, bearing Plot No.38, Ashok Nagar, Hosur Village and Taluk, Krishnagiri District based on the petitioner's representation dated 03.02.2017 within the time to be stipulated by this Court. Prayer in WP.No.15424/2016: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing 2/8
the respondents 2 to 4 to issue No Objection Certificate for transfer of patta in respect of housing site to an extent of 1200 sq.ft., comprised in Ols S.No.928/2, present sub-divided S.No.928/2R bearing Plot No.36, Ashok Nagar, Hosur Village and Taluk, Krishnagiri District based on the petitioner's representation dated 03.02.2017 within the time to be stipulated by this Court.
Prayer in WP.No.15425/2016: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 to 4 to issue No Objection Certificate for transfer of patta in respect of housing site to an extent of 2400 sq.ft., bearing in Plot Nos.79 and 80, comprised in S.No.929/2 [200 sqft] and 928/2 [1000 sqft] and 929/2 [1200 sqft], Ashok Nagar, Hosur Village and Taluk, Krishnagiri District based on the petitioner's representation dated 06.02.2017 within the time to be stipulated by this Court.
Prayer in WP.No.15426/2016: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 to 4 to issue No Objection Certificate for transfer of patta in respect of housing site to an extent of 1200 sq.ft., comprised in S.No.928/2, bearing Plot No.42, Ashok Nagar, Hosur Village and Taluk, Krishnagiri District based on the petitioner's representation dated 13.02.2017 within the time to be stipulated by this Court. Prayer in WP.No.15427/2016: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 to 4 to issue No Objection Certificate for transfer of patta in respect of housing site to an extent of 1200 sq.ft., comprised in S.No.928/2K, bearing Plot No.
33, Ashok Nagar, Hosur Village and Taluk, Krishnagiri District based on the petitioner's representation dated 14.02.2017 within the time to be stipulated by this Court. Prayer in WP.No.
in respect of housing site to an extent of 1200 sq.ft., comprised in S.No.929/2, bearing Plot No.8, Ashok Nagar, Hosur Village and Taluk, Krishnagiri District based on the petitioner's representation dated 16.02.2017 within the time to be stipulated by this Court. Prayer in WP.No.15429/2016: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 to 4 to issue No Objection Certificate for transfer of patta in respect of housing site to an extent of 1200 sq.ft., comprised in S.No.929/2-O, bearing Plot No.23, Ashok Nagar, Hosur Village and Taluk, Krishnagiri District based on the petitioner's representation dated 04.05.2017 within the time to be stipulated by this Court. For Petitioners in all WPs : Mr.R.Bharath Kumar For RR 1,4&5 in all WPs : Mrs.V.
Yamunadevi Special Govt. Pleader For RR2 & 3 in all WPs : Mr.D.Murugan, Standing counsel COMMON ORDER (1) The petitioners seek a writ of mandamus directing the respondents to effect transfer of patta based on the judgment of this Court made in WP.No.17495/2014 dated 09.12.
Resettlement Act, 2013.
(2) The learned counsel for the Tamil Nadu Housing Board would submit that appeals have been filed against the said judgment dated 09.12.2014 and they are in the SR stage.
(3) I find total negligence and indifference on the part of the Housing Board in prosecuting the appeals. Though 8 years have lapsed from the date of judgment, the learned counsel for the Housing Board would submit that appeals are pending in the SR stage. I find this a little amusing. Though I am used to the delay on the Government side. The insistence of No Objection Certificate from the Housing Board by the Tahsildar concerned, in my opinion amounts to a direct infringement to the right of property of the petitioners. Once the Land Acquisition proceedings are quashed by this Court and there is no live challenge to the orders quashing the Land Acquisition proceedings under whatever ground it may be, the Revenue Tahsildar is bound to effect transfer of patta and insistence of a No Objection Certificate is wholly unnecessary and unwarranted. 5/8
(4) Hence, the writ petitions are allowed. There will be a direction to the Tahsildar, Hosur, to effect changes in the revenue records and issue patta in the names of the petitioners in all these writ petitions within a period of four weeks from today. No costs. Consequently, connected miscellaneous petitions are closed. 13.07.2022 AP Internet : Yes 6/8
To 1.The Principal Secretary to Government State of Tamil Nadu Housing and Urban Development Department Fort St George, Chennai 600 009.
2.The Managing Director Tamil Nadu Housing Board No.33, Anna Salai, Nandanam Chennai 600 034.
3.The Executive Engineer Tamil Nadu Housing Board Bagalur Road, Hosur Krishnagiri District.
4.The Special Tahsildar [Land Acquisition] Housing Scheme, TNHB, Bagalur Road Hosur, Krishnagiri District.
5.The Special Tahsildar Town Survey and Settlement Office Royakottai Road, Hosur Krishnagiri District.
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R.SUBRAMANIAN, J.
AP 13.07.2022 8/8