Disposed

M.R.Ramanujam v. The Tamil Nadu Housing Board

Madras HC23 Oct 2024WP/11247/2023

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus to direct the respondents to issue a No Objection Certificate for his land, acquired and later quashed in 2001. The High Court directed the respondent to consider the petitioner's representation and pass final orders within four weeks, disposing of the writ petition.

What did the court decide?

Direction issued to the respondent to consider the petitioner's representation and pass final orders within four weeks.

M.R.Ramanujam Vs The Tamil Nadu Housing Board — Land Acquisition | Madras HC (2024)

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W.P. No.11247 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.10.2024

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P. No.11247 of 2023

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M.R.Ramanujam ... Petitioner

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Vs.

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1.The Tamil Nadu Housing Board, Rep. By its Managing Director, Fifth Floor, C.M.D.A. Building, E&C, Market Road, Koyambedu, Chennai-600 107.

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2.The Executive Director, Tamil Nadu Housing Board, Coimbatore Housing Unit, Tatabad, Coimbatore-641 012.

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3.The Special Tahsildar/ Land Acquisition, Coimbatore North Taluk, Kalapatti Village, Coimbatore District. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents herein to forthwith issue No Objection Certificate (epy Mh;$pj eltof;if Vjk; ,y;iy vDk; jilapy;yhr; rhd;W) in respect of the Land to an extent of 0.48 cents in S.No.332/3 of Kalapatti Village, Coimbatore North Taluk and Coimbatore District by

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https://www.mhc.tn.gov.in/judis

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W.P. No.11247 of 2023

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considering the representation of the petitioner dated 31.10.2022 to enable the petitioner to develop his land.

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For Petitioner : Mr.M.Kandhan Duraisamy for Mr.A.Bharathi For Respondents : Mr.V.Gunsekar (for R1 and R2) Standing Counsel for TNHB

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Mr.P.Sathish (for R3) Additional Government Pleader

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ORDER

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The petitioner herein seeks a direction to the Respondents to issue No Objection Certificate in respect of the petitioner's land to an extent of 0.48 cents in Survey No.332/3 of Kalapatti Village, Coimbatore North Taluk, Coimbatore District by considering the representation of the petitioner dated 31.10.2022.

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2. It is the case of the petitioner that the above mentioned land was

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acquired for Housing Board Project by the Government and declaration was issued on 14.10.1992. The same was challenged by some of the land owners affected by notification in W.P.Nos.4919 of 1994 and 7785 of 1994. The said writ petitions came to be allowed by this Court by order dated 24.01.2001 and

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the land acquisition proceedings were quashed. Thereafter, the petitioner submitted a representation before the Respondents 1 and 2 seeking No Objection

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W.P. No.11247 of 2023

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Certificate to enable the petitioner to develop the property. The representation of the petitioner dated 31.10.2022 has not been considered till date. Aggrieved by the same, the petitioner has come before this Court.

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3. The learned counsel for the petitioner would submit that even though the land acquisition notification covering the petitioner's property had been quashed as early as 2001, the Respondents 1 and 2 are not ready to issue No Objection Certificate to the petitioner.

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4. Mr.V.Gunasekar, learned Standing Counsel appearing for Respondents 1 and 2 would submit that he wants to verify whether any writ appeal has been preferred against the order passed by this Court.

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5. It is seen from the typed set that the writ petition filed by the land owners was allowed as early as in the year 2001 and till date the Respondents are not in a position to give any details regarding appeal, if any filed by them.

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6. In these circumstances, without going into the merits of the petition, this Court is inclined to give a direction to the 2 nd Respondent to consider the representation of the petitioner dated 31.10.2022 and pass final orders on its own

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W.P. No.11247 of 2023

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merits in the light of the order passed by this Court in W.P.Nos.4919 of 1994

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and 7985 of 1994 within a period of 4 weeks from the date of receipt of a copy of this order.

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7. Accordingly, the writ petition is disposed of. No costs.

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23.10.2024

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Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mka

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W.P. No.11247 of 2023

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To:

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1.The Managing Director, Tamil Nadu Housing Board, Fifth Floor, C.M.D.A. Building, E&C, Market Road, Koyambedu, Chennai-600 107.

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2.The Executive Director, Tamil Nadu Housing Board, Coimbatore Housing Unit, Tatabad, Coimbatore-641 012.

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3.The Special Tahsildar/ Land Acquisition, Coimbatore North Taluk, Kalapatti Village, Coimbatore District.

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https://www.mhc.tn.gov.in/judis

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W.P. No.11247 of 2023

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S. SOUNTHAR, J.

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mka

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W.P. No.11247 of 2023

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23.10.2024

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https://www.mhc.tn.gov.in/judis

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M.R.Ramanujam v. The Tamil Nadu Housing Board

Case brief

What is this about?

What did the court decide?

M.R.Ramanujam v. The Tamil Nadu Housing Board

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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