A.Thomas, v. The Executive Engineer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2018 CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.13892 of 2018 S.A.Thomas ... Petitioner vs.
1. The Executive Engineer, Tamilnadu Housing Board.
Kamarajar Road, Anbu Nagar, Tirunelveli.
2. The Sub Registrar, Thoothukudi, Thoothukudi District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation, dated 01.12.2017 for issuance of "No Objection" Certificate to the second respondent office in respect of the petitioner's property bearing Survey No.132/3C1 in Shankaraperi Village, Thoothukudi Town, Thoothukudi District by removing the petitioner's property from list of objection.
For Petitioner : Mr.K.Samidurai For R2 : Mr.M.Murugan Government Advocate *****
ORDER
This Writ Petition is filed to direct the first respondent to consider the petitioner's representation, dated 01.12.2017 for issuance of "No Objection Certificate" to the second respondent office in respect of the petitioner's property bearing Survey No.132/3C1 in Shankaraperi Village, Thoothukudi Town, Thoothukudi District by removing the petitioner's property from list of objection.
2.It is stated that the petitioner has purchased the property to an extent of 9.1 cents bearing Survey No.132/3C1 in Shankaraperi Village, Thoothukudi Town, Thoothukudi District under a registered sale deed dated 09.04.2008. It is further stated that he is in possession and enjoyment of the property by putting up a house.
3.The petitioner further stated that when he approached the second respondent for registering a document, the second respondent informed the petitioner that the petitioner can register the document only after getting no objection letter from the first respondent. It is further stated that the petitioner's property was never acquired by the Housing Board, even though the first respondent had proposal to acquire the petitioner's property. It is positively asserted that there was no acquisition of petitioner's property at any point of time. It is in these circumstances, the petitioner made a representation to the first respondent to give No Objection Certificate to the second respondent, so as to enable the petitioner to deal with the property. Since, the first respondent did not take any action on the petitioner's representation, the petitioner has filed the above writ petition. 4.Having regard to the averments in the affidavit filed in support of this petition, this Court is inclined to issue the following direction:
"The first respondent is directed to consider the petitioner's representation dated 01.12.2017 for issuance of No Objection Certificate to the second respondent in respect of the petitioner's property in Survey No.132/3C1 in Shankaraperi Village, Thoothukudi Town, Thoothukudi District within a period of two weeks from the date of receipt of a copy of this order"
5.It is made clear that in case the land is not acquired by the Housing Board and if no rival claim is there from the Housing Board, further delay on the part of the first respondent in giving No Objection Certificate will be viewed seriously and the first respondent can be held liable to pay compensation to the petitioner. 6.With the above directions, the Writ Petition is allowed. No Costs.
Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar To
1. The Executive Engineer, Tamilnadu Housing Board.
Kamarajar Road, Anbu Nagar, Tirunelveli.
2. The Sub Registrar, Thoothukudi, Thoothukudi District.
+1 CC to Mr.K.SAMIDURAI, Advocate in SR.No.70569 +1 CC to the Special Government Pleader, SR.No.70554 CMR RJ/RSK/SAR-1/13/07/2018 - 3P/5C W.P(MD)No.13892 of 2018 29.06.2018