Single Judge disposed of W.P. allowing petitioner to get planning permission without No Objection Certificate from Housing Board, relying on earlier Division Bench directions, and closed connected miscellaneous petition.
Petitioner directed to receive planning permission without insisting on No Objection Certificate from the third respondent.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15-12-2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
WRIT PETITION No.5251 OF 2015
S.Ramesh
...Petitioner
-vs-
Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 1 and 2, to receive, process and consider the application of the petitioner, for grant of planning permission, for the proposed construction at Plot No.2, Door No.9A/2, comprised in Survey No.36/1A, Suresh Nagar, Poothapedu Main Road, Zone No.11, Ward No.151, Porur Village, Saidapet Taluk, Chennai-600 116, in accordance with law, more particularly, without insisting on production of "No Objection Certificate", from the third respondent, expeditiously. For petitioner : Mr.D.S.Rajasekaran
For respondent 1 : Mr.Raja Srinivas For respondent 2 : Mr.P.V.Selvakumar
For respondent 3 : Mr.V.Ananthamurthy
O R D E R
Petitioner has filed this Writ Petition, praying for a direction to respondents 1 and 2, to receive, process and consider his application, for grant of planning permission, for the proposed construction at Plot No.2, Door No.9A/2, comprised in Survey No.36/1A, Suresh Nagar, Poothapedu Main Road, Zone No.11, Ward No.151, Porur Village, Saidapet Taluk, Chennai-600 116, in accordance https://hcservices.ecourts.gov.in/hcservices/ with law, without insisting on production of "No Objection Certificate", from the third respondent, expeditiously.
"9. Hence, for the disposal of these writ appeals, we only direct the Chennai Metropolitan Development Authority to consider the application of each of the writ petitioners for planning permission without insisting "No Objection Certificate", from the Tamil Nadu Housing Board. But, in the said process, the Chennai Metropolitan Development Authority would be entitled to satisfy itself as to whether the lands in survey numbers, for which planning permission is sought, are already covered by the G.Os., which were quashed by this Court or not. To arrive at such a satisfaction, the authorities of Chennai Metropolitan Development Authority are also entitled to take the assistance of the Tamil Nadu Housing Board by due notice. On such satisfaction, the Chennai Metropolitan Development Authority would consider the grant of planning permission without insisiting for 'No Objection Certificate'.
Sd/Assistant Registrar (CO)
/True Copy/
Sub-Assistant Registrar
To
2 issues framed by the court
Whether the petitioner should be directed to receive planning permission without insisting on a 'No Objection Certificate' from the third respondent.
Whether to dispose of the Writ Petition in light of previous directions issued in W.A.No.1694 of 2010.
Colour shows how this judgement treated each authority
Tamil Nadu Housing Board v. AL. Arumugam and OthersFollowed¶17
W.A.No.1694 of 2010 and its batch, dated 01.11.2011
S.Ramesh
Chennai Metropolitan Development Authority
Corporation of Chennai
Tamil Nadu Housing Board
T.S. Sivanagam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
