Disposed

J.v.Vaitheeswaran v. The Commissioner

Madras HC8 Aug 2024WP/1772/2019

Case brief

AI extract

What is this about?

Public authority directed to process regularization applications for unapproved plots without requiring a no objection certificate from Tamil Nadu Housing Board, following quashing of land acquisition proceedings and dismissal of appeals challenging such quashment.

What did the court decide?

Respondents directed to process and approve regularization applications within six weeks without insisting for a no objection certificate from Tamil Nadu Housing Board.

J.v.Vaitheeswaran Vs The Commissioner — Land Acquisition | Madras HC (2024)

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W.P.No.1779 of 2019 etc.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.08.2024

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.Nos.1772, 1774, 1777, 1780, 1783, 1785, 1786, 1788, 3058, 3060, 3061, 3063, 3064, 3065 & 3067 of 2019

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W.P.No.1772 of 2019:-

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J.V.Vaitheeshwaran ...Petitioner

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-Vs-

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The Commissioner, Corporation of Coimbatore, R.S.Puram,

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Coimbatore – 641 002.

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The Assistant Commissioner of Corporation (West Zone) Coimbatore,

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R.S.Puram, Coimbatore – 641 002.

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The Chairman,

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Tamil Nadu Housing Board, Nandhanam,

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Chennai.

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The Executive Engineer & Administrative Officer,

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Tamil Nadu Housing Board, Coimbatore Housing Unit, Tatabad, Coimbatore – 641 012.

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The Tahsildar, Coimbatore (North), Coimbatore District.

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

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Page 1 of 6

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W.P.No.1779 of 2019 etc.

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The Special Tahsildar (L.A) Housing Scheme, Tatabad, Coimbatore.

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... 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 1 & 2 to process the application made by the petitioner dated 16.11.2018 vide Registration No.DTCP/P/0747131/2017 seeking regularization of the petitioner's unapproved plot No.65, comprising in survey No.340, Telugupalayam Village, Coimbatore District, without insisting for no objection certificate from the Tamil Nadu Housing Board.

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In all W.Ps.

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For Petitioner : Mr.R.N.Amarnath For Respondents For R1 & R2 : Mr.K.Magesh Standing Counsel For R3 & R4 : Mr.V.Gunasekar Standing Counsel For R5 & R6 : Mr.P.Gurunathan Additional Government Pleader

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COMMON ORDER

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These writ petitions have been filed for direction directing

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the respondents 1 & 2 to process the application made by the petitioners

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seeking regularization of the petitioners' unapproved plots comprising in survey Nos.340 & 343 part, 344, situated at Telugupalayam Village,

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

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Page 2 of 6

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W.P.No.1779 of 2019 etc.

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Coimbatore District, without insisting for no objection certificate from the Tamil Nadu Housing Board.

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The lands comprised in survey Nos.340 & 343 part, 344, situated at Telugupalayam Village, Coimbatore District, were under process of land acquisition. The land owners had challenged the said acquisition proceeding in a batch of writ petition in W.P.No.13613 of 2013 etc., batch. This Court quashed the entire acquisition proceeding by an order dated 15.04.2016, and the same was also confirmed by the Hon'ble Division Bench of this Court in W.A.1398 of 2021 etc., batch by and order dated 01.08.2024. In the mean time, the petitioners sought for regularization of their respective lands. However, the respondents 1 & 2 insisted the petitioners to produce “no objection certificate” from the Tamil Nadu Housing Board which was the requisition body for acquiring the land. Hence, the petitioners filed the present writ petitions with the above prayer.

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Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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

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Page 3 of 6

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W.P.No.1779 of 2019 etc.

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It is seen that the Hon'ble Division Bench of this Court dismissed the Writ Appeals filed by the Tamil Nadu Housing Board challenging the quashment of the acquisition proceedings. Therefore, there is no impediment for the respondents to process the applications submitted by the petitioners seeking regularization of their respective lands.

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In view of the above, the respondents are directed to process the applications submitted by the petitioners seeking regularization of their respective unapproved lands and approve the same in accordance with law, without insisting any no objections certificate from the Tamil Nadu Housing Board viz., third and fourth respondents herein, within a period of six weeks from the date of receipt of a copy of this Order.

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With the above directions, all the Writ Petitions stand

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disposed of. There shall be no orders as to costs.

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08.08.2024

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Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No rts

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

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Page 4 of 6

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W.P.No.1779 of 2019 etc.

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The Commissioner, Corporation of Coimbatore, R.S.Puram, Coimbatore – 641 002.

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The Assistant Commissioner of Corporation (West Zone) Coimbatore,

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R.S.Puram, Coimbatore – 641 002.

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The Chairman, Tamil Nadu Housing Board, Nandhanam, Chennai.

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The Executive Engineer & Administrative Officer,

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Tamil Nadu Housing Board, Coimbatore Housing Unit, Tatabad, Coimbatore – 641 012.

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The Tahsildar, Coimbatore (North), Coimbatore District.

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The Special Tahsildar (L.A) Housing Scheme, Tatabad, Coimbatore.

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

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Page 5 of 6

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W.P.No.1779 of 2019 etc.

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G.K.ILANTHIRAIYAN. J, rts

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W.P.Nos.1772, 1774, 1777, 1780, 1783, 1785, 1786, 1788, 3058, 3060, 3061, 3063, 3064, 3065 & 3067 of 2019

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08.08.2024

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

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Page 6 of 6

J.v.Vaitheeswaran v. The Commissioner

Case brief

What is this about?

What did the court decide?

J.v.Vaitheeswaran v. The Commissioner

Case brief

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