Nagaraj v. The Managing Director
Case brief
What is this about?
Writ petition allowed quashing order requiring Revenue Tahsildar to grant patta without Housing Board NOC citing quashed acquisition.
What did the court decide?
Writ allowed; impugned order set aside; matter remitted to Revenue Tahsildar to grant patta without NOC within 4 weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2018
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU
Writ Petition No.8646 of 2017
- Nagaraj
D/o Late Ramaiah
2. Girija,
D/o Late Ramaiah
3. Bagya,
D/o Late Ramaiah
4. Padma
D/o Late Ramaiah
5. K.Varadaraj
S/o Krishnappa ...Petitioners
vs.
1. The Managing Director,
Tamil Nadu Housing Board,
Annasalai,
Nandanam,
Chennai – 600 035.
2. The Executive Engineer,
TNHB, Bagalur Road,
Hosur,
Krishnagiri District.
3. The Special Tahsildar,
(Land Acquisition),
Bagalur Road, Hosur,
Krishnagiri District.
4. The Special Tahsildar,
Town Survey and Settlement,
Royakottai Road,
Hosur,
Krishnagiri District. ....Respondents
Writ Petition filed under section 226 of the constitution to issue a Writ of Certiorarified Mandamus to call for the records of the 4th respondent herein relating to Na.Ka.488/2016/A dated
04.10.2016 quash the same and consequently direct the 4th respondent herein to transfer the patta in favour of petitioners in respect of land to an extent of 0.83.5 Hectares (2 Acres and 6 Cents) comprised in Survey No.931/2, Hosur Village and Taluk, Krishnagiri District, without insisting upon NOC from Tamil Nadu Housing Board within the time to be stipulated by this Court.
Issues for consideration
2 issues framed by the court
Whether the Revenue Tahsildar can be compelled to grant patta without obtaining a No Objection Certificate from the Housing Board when land acquisition proceedings were earlier quashed.
Whether the Housing Board has any right over the subject matter lands after the quashing of land acquisition proceedings.
Parties & counsel
- petitioner
Nagaraj & Ors.
- respondent
Managing Director, Tamil Nadu Housing Board
- respondent
Executive Engineer, TNHB
- respondent
Special Tahsildar (Land Acquisition)
- respondent
Special Tahsildar, Town Survey and Settlement
Case details
As recorded by the court registry
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