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Madras High CourtWP/37331/2025dismissed

G.Venkataraman v. The Deputy Secretary

2025-10-07Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI G.Venkataraman Petitioner(s) Vs The Deputy Secretary Tamil Nadu Housing Board, 7th Floor Cmda Complex Market Road Koyambedu Chennai 107 Respondent(s) PRAYER; Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to consider the representation dated 21.07.2025 to issue the necessary No Objection certificate for the said property in Old Survey No. 76/3 New survey No. 76/27 in No. 51 Vallaba Ganapathy street, Sri Venkatesaperumal Nagar, Valasaravakkam Chennai 87.

For Petitioner(s):

Mr.K.Ashok Kumar For Respondent:

Mr.D.Veerasekaran

ORDER

The writ petitioner has been filed seeking a direction to the respondent herein to consider the representation dated 21.07.2025 to issue the necessary No Objection certificate for the said property in Old Survey No. 76/3 New survey

No. 76/27 in No. 51 Vallaba Ganapathy street, Sri Venkatesaperumal Nagar, Valasaravakkam Chennai 87.

2. It is the case of the petitioner that the petitioner is the owner of the property situated at No.5, Vallaba Ganapathy Street, Sri Venkatesaperumal Nagar, Valasaravakkam, Chennai and the petitioner is residing in this property from the year 1985. The petitioner purchased the property bearing Old No.76/3 New S.No.76/27 from the then owner vide document No.513/85 dated 04.03.1985. In the year 1985, the then owner had sold the property to the petitioner by concealing the fact that the property has been listed for acquisition by TNHB. The petitioner and others have filed a writ petition No.7512/1986 challenging the land acquisition proceedings initiated by the Government. This Court vide order dated 09.10.1991 quash the land acquisition proceedings impugned therein.

Thereafter, a writ appeal was preferred by Housing Board against the common order dated 09.10.1991 and the same was allowed. However, the petitioner was innocently purchased the above said property and conterminously residing there. In this aspect, the person who are residing in the acquired property, the Housing Board issued a GO Ms.136 dated 10.10.2023 for forming the Special Committee for re-conveyance. In view of the above, the petitioner made a representation to the respondent and the same was not considered. Hence, the petitioner has filed the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may

direct the respondent to consider the petitioner's representation dated 21.07.2025 and pass appropriate orders within the stipulated time as fixed by this Court.

4. Per contra, the learned counsel appearing on behalf of the respondent submitted that if the petitioner has any grievance, he has to approach the Special Committee as per G.O.Ms.No.136 dated 10.10.2023 and not before the respondent. The respondent has no power to give NOC to the petitioner. Hence, the claim made by the petitioner cannot be considered before this Court.

5. Heard the learned counsel on either side and perused the materials available on record.

6. As rightly pointed out by the learned counsel for the respondent, as per GO Ms.136 dated 10.10.2023, the Housing Board has formed a Special Committee for re-conveyance in respect of the acquired land for the Housing Board for implementation of various schemes. The petitioner has made a representation for getting NOC. If the petitioner has any grievance, there is an effective alternative remedy available before the Special Committee in terms of GO Ms.136 dated 10.10.2023. Without approaching the Special Committee, the petitioner has filed the present writ petition, which is not sustainable one.

7. Accordingly, this writ petition is dismissed. No order as to costs. However, liberty is granted to the petitioner to work out his remedy in the manner known to law.

07-10-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Deputy Secretary Tamil Nadu Housing Board, 7th Floor Cmda Complex Market Road Koyambedu Chennai 107

M.DHANDAPANI J.

rli 07-10-2025