Sundariammal.P v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI P.Sundariammal ... Petitioner Vs.
1.The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai 600 107.
2.The Executive Engineer, Tirunelveli Housing Unit, Tamil Nadu Housing Board, Tirunelveli 627 011.
3.The Tahsildar, Thoothukudi Taluk, Thoothukudi District.
4.The Sub Registrar, Joint -I Sub Registrar Office, Thoothukudi, Thoothukudi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third respondent to issue patta in the 1/5
name of the petitioner and other legal heirs of Mr.Late S.a.Pandian and consequently direct the fourth respondent to register the document to be submitted by the petitioner in respect of the property in Survey No.124/1B1, 1244/1B1A in Sankaraperi Village, Thoothukudi Taluk, Thoothukudi District measuring 21 cents within a time stipulated by this Court without insisting no objection certificate from the first and second respondents in the light of the common order dated 31.08.2023 passed by this Court in W.P.Nos.10716 of 1988 etc batch dated 31.08.2023.
For Petitioner : Mr.R.J.Karthick For R1 & R2 : Mr.S.Velmurugan Standing Counsel For R3 & R4 : Mr.B.Saravanan Additional Government Pleader
ORDER
The petitioner seeks issuance of Writ of Mandamus to direct the respondents to issue patta to the petitioner. The admitted fact is that in respect of subject land, acquisition proceedings were initiated at the instance of the Tamil Nadu Housing Board being the requisition body. However, acquisition proceedings were quashed by the Divisional Bench of this Court in batch of 2/5
W.P.No.10716 of 1988 etc., by judgment dated 31.08.2023 and this Court directed the Housing Board to issue No Objection Certificate. Aggrieved by the judgment of the Division Bench of this Court in the above batch of writ petition, the State of Tamil Nadu has preferred Special Leave Petition before the Hon'ble Supreme Court on 12.03.2024. The said Special Leave Petition (Civil) in Diary No.10443 of 2024 came to be listed before the Hon'ble Supreme Court and the Hon'ble Supreme Court condoned the delay and also passed an order of status-quo to be maintained. In view of the status-quo order granted by the Hon'ble Supreme Court, no positive direction can be issued to the respondents to consider the application of the petitioner for issuance of patta. It is needless to state that the petitioner will have to await the final decision to be passed by the Hon'ble Supreme Court in said Special Leave Petition preferred by the Government of Tami Nadu and other authorities.
2. Considering that the petitioner only seeks disposal of his representation, the respondents are directed to pass orders on the petitioner's representation as soon as subject to the result of the above Special Leave Petition pending before the Hon'ble Supreme Court.
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3. With the above direction, this Writ Petition is disposed of. No costs. 13.02.2025 Rmk NCC: Yes/No Index : Yes / No To 1.The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai 600 107.
2.The Executive Engineer, Tirunelveli Housing Unit, Tamil Nadu Housing Board, Tirunelveli 627 011.
3.The Tahsildar, Thoothukudi Taluk, Thoothukudi District.
4.The Sub Registrar, Joint -I Sub Registrar Office, Thoothukudi, Thoothukudi District.
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P.B.BALAJI , J.
Rmk 13.02.2025 5/5