← Library
Madras High CourtWP/36303/2025disposed of with direction

M.H.Mohideen Bhava v. The Tamil Nadu Housing Board

2025-09-22Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2025

CORAM

THE HON'BLE MR. JUSTICE M. DHANDAPANI M. H. Mohideen Bhava ... Petitioner Vs.

1. The Tamil Nadu Housing Board, Represented by its Managing Director, No.11/5, C.I.T., 1st Main Road, C.I.T. Nagar West, Chennai - 600 035.

2. The Executive Engineer, K.K. Nagar Division, Tamil Nadu Housing Board, 2nd Floor, Wood Working Unit Division, Housing Board Shopping Complex, Anna Nagar West, Chennai - 600 101.

3. The Tahsildar, Office of Tahsildar, No.35 HF + 46W, Nolambur, Ambattur Industrial Estate, Chennai - 600 107.

... Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to issue NOC to the petitioner pertaining to his property bearing Plot No.3, Kamaraj Avenue, No. 101, Valasaravakkam Village, Saidapet Taluk , Chengalpet District comprised in Survey No. 98/1 98/2 and 99/1 in Valasravakkam Village, Saidapet Taluk , Chengalpet District to extent of 667 sq.ft by considering the petitioner's representation dated 29.05.2025 and pass orders in accordance with law.

For Petitioner :

Mr.G. V. Sridharan For Respondents :

Mr. A. M. Ravindranath Jeyapal for R1 and R2

ORDER

The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus to direct the 1st respondent to issue him NOC pertaining to his property bearing Plot No.3, Kamaraj Avenue, No. 101, Valasaravakkam Village, Saidapet Taluk , Chengalpet District comprised in Survey No. 98/1 98/2 and 99/1 in Valasravakkam Village, Saidapet Taluk , Chengalpet District to extent of 667 sq.ft by considering his representation dated 29.05.2025 and pass orders in accordance with law. 2.The case of the petitioner is that he is the absolute owner of the 2/6

property, bearing Plot No.3, Kamaraj Avenue, No.101, Valasaravakkam Village, Saidapet Taluk , Chengalpet District, comprised in Survey No.98/1 98/2 and 99/1. The grievance of the petitioner is that the third respondent, while issuing online patta on 02.05.2013, had restricted the land to an extent of 1733 sq.ft. instead of the actual extent of 2400 sq.ft. as per the sale deed, thereby omitting 667 sq.ft. Aggrieved by the same, the petitioner has submitted a representation dated 29.05.2025 to the first respondent seeking issuance of a 'No Objection Certificate' for the omitted extent. Since the said representation has not been considered, the petitioner is before this Court. 3.

Learned counsel for the petitioner would submit that since the petitioner is the absolute owner of the above said property and the respondents have also issued online patta, restricting the land to an extent of 1733 sq.ft., thereby omitting 667 sq.ft., the petitioner has given a representation dated 29.05.2025 to the first respondent seeking issuance of a 'No Objection Certificate' for the omitted extent. Therefore, the learned counsel for the petitioner prays for appropriate orders for issuance of 'No Objection Certificate' for the omitted extent. 4.Mr.AM.

on behalf of respondents 1 and 2, submits that the petitioner's representation dated 29.05.2025 will be considered and appropriate orders will be passed by the first respondent, within a time frame fixed by this Court. 5.Considering the request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 29.05.2025, on merits and in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of accordingly. No costs. 22.09.2025 Index : Yes/No Speaking Order : Yes / No vga To 4/6

1. The Tamil Nadu Housing Board, Represented by its Managing Director, No.11/5, C.I.T., 1st Main Road, C.I.T. Nagar West, Chennai - 600 035.

2. The Executive Engineer, K.K. Nagar Division, Tamil Nadu Housing Board, 2nd Floor, Wood Working Unit Division, Housing Board Shopping Complex, Anna Nagar West, Chennai - 600 101.

3. The Tahsildar, Office of Tahsildar, No.35 HF + 46W, Nolambur, Ambattur Industrial Estate, Chennai - 600 107.

5/6

M. DHANDAPANI. J., vga 22.09.2025 6/6