Writ petition challenging a demand for 'No Objection Certificate' before regularization of plots. The High Court held that the certificate must be obtained as per guidelines, dismissing the petition.
The writ petition is dismissed with liberty to challenge the letter dated 13.04.2018 issued by the first respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2019
CORAM
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P.No.2825 of 2019
and
W.M.P.Nos.3086 & 3089 of 2019
Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent relating to their demand notices vide WDC.No.A7/11/705/2017, WDC.No.A7/11/715/2017 & WDC.No.A7/11/529/2017 dated 12.07.2018 on the petitioners application dated 16.08.2017 on the application for regularization of individual plots No.26 & 27, West Kamakodi Nagar, Valasarawakkam, Chennai - 87, land measuring 5600 sq.ft comprised in New Survey No.62/13, 62/14 & 62/15, Old Survey Nos.62/2A, 62/2B and 62/2 situated at Valasarawakkam Village, Maduravoyil Taluk, Tiruvallur District and quash the same insofar as the demand of "No Objection Certificate" to be
obtained from the fourth respondent is concerned and direct the respondents 1 to 3 to consider the above said regularization application expeditiously and in accordance with law.
For Petitioners : Mr.D.S.Rajasekaran For R1 : Mrs.Veena Suresh For R2 & R3 : Mrs.Karthika Ashok For R4 : Mr.M.Baskar
ORDER
This Writ Petition has been filed challenging the order of the third respondent dated 12.07.2018, demanding "No Objection Certificate" from the petitioners to be obtained from the fourth respondent, and seeking for a direction, directing the respondents 1 to 3 to consider the regularization application dated 16.08.2017 of the petitioners.
Sd/-
Assistant Registrar (CS-IV)
//True Copy//
Sub Assistant Registrar
raja
To
3 issues framed by the court
Whether the regularization application can be considered without obtaining a 'No Objection Certificate' from the fourth respondent.
Whether the direction to obtain 'No Objection Certificate' from the Tamil Nadu Housing Board is liable to be quashed.
Whether the court should direct the respondents to consider the regularization application expeditiously.
1 provisions across 1 enactments
Dr. A. Susila
Dr. A. Ahamed Rafi
Dr. A. Mohamed Riaz
Chennai Metropolitan Development Authority
The Greater Chennai Corporation
Tamil Nadu Housing Board
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
