This Court dismissed a writ petition seeking a direction to issue a No Objection Certificate for the petitioner's dry lands. The Court held the petition was not maintainable as the land was previously acquired, compensation awarded, and the land utilized for a residential layout, noting the petitioner suppressed these facts.
Writ petition dismissed with no costs.
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: 01.12.2020
CORAM:
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
W.P.No.9214 of 2013
V.Thiraviam
..Petitioner
Vs.
The Chairman, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-35.
..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuing a writ of Mandamus directing the respondent to issue No Objection Certificate in favour of the petitioner in respect of his dry lands measuring 19.5 cents comprised in TS No.N3/12-2B of Nagercoil village, Agastheeswaram Taluk, Kanniyakumari Dsitrict and considering the representation dated 06.12.2012.
For Petitioner : M/S.S.Vijayalakshmi
For Respondent : Mr.R.Bharathkumar O R D E R
The instant Writ Petition is filed seeking a direction to the respondent to issue No Objection Certificate in favour of the petitioner in respect of his dry lands measuring 19.5 cents comprised in TS No.N3/12-2B of Nagercoil village, Agastheeswaram Taluk, Kanniyakumari Dsitrict and considering the representation dated 06.12.2012.
the lay-out excluding those lands which are covered under G.O.Ms.No.1212. The representation made by the petitioner on 17.03.2008 requesting the respondent to re-convey the land was already rejected on 22.01.2009. The Writ Petition filed challenging the said order in W.P.No.2516 of 2010 also met with the same fate.
3 issues framed by the court
Whether the petitioner is entitled to a No Objection Certificate when his land was already acquired under a different Government Order that was not quashed by the courts.
Whether the petitioner's claim for reconveyance of land is maintainable when the land was utilized for the formation of a residential lay-out.
Whether the writ petition admits to be dismissed due to the petitioner suppressing the fact of his prior acquiescence to land acquisition.
4 provisions across 2 enactments
V. Thiraviam
The Chairman, Tamil Nadu Housing Board
Puspa Sathyanarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
