Disposed¶40-41

Nirmala Shankar v. M/S.Tamil Nadu Housing Board (Tnhb)

Writ Petitions (Article 226) – Mandamus

Madras HC24 Jul 2025WP/20623/2025

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Case brief

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What is this about?

Madras High Court; WP No. 20623 of 2025 and WP No. 20625 of 2025; N. Anand Venkatesh J.; 24-07-2025; Tamil Nadu Housing Board (TNHB); No Objection Certificate (NOC); writ of mandamus; Article 226; land acquisition 1991 award 1993; possession taken; open space reservation (OSR) land; handover to Chennai Corporation for park; cancellation of patta; Sholinganallur village/taluk; Tesco Annex; Survey Nos. 365/3, 365/9; representation dated 12.05.2025; writ petitions disposed, no costs; liberty to question acquisition procedure.

What did the court decide?

Substantive relief (direction to issue NOC and not interfere with construction) refused; only clarity/liberty given to challenge the acquisition in the manner known to law; both writ petitions disposed of with no costs. ¶40-41

Nirmala Shankar Vs M/S.Tamil Nadu Housing Board (Tnhb) — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Housing Board should be directed (by writ of mandamus) to consider the petitioner's representation dated 12.05.2025, not interfere with the petitioner's construction activities on the subject plots, and issue a No Objection Certificate for the said properties. +1 more

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Court's answer

In view of the respondents' stand (acquisition of Survey No.365/3 with award passed in 1993 and possession taken; Survey No.365/9 being OSR land handed over to the Chennai Corporation; patta cancellation underway), there is no question of granting the relief sought by the petitioner (NOC and non-interference with construction).

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Ratio / Principle

If the petitioner is aggrieved that no notice was served and proper procedure was not followed during the acquisition, she must question it in the manner known to law; the Court grants only this clarity/liberty and passes no further orders.

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Detailed headnote1 paragraphs

Writ Petitions (Article 226) – Mandamus – Petitioner sought direction to Tamil Nadu Housing Board to consider her representation dated 12.05.2025, not interfere with construction on Plots Nos.5 and 6 ('Tesco Annex', Sholinganallur village) and issue NOC. On instructions obtained with the original file, the Board reported that Survey No.365/3 had been acquired in 1991 with an award passed in 1993 and possession taken, while Survey No.365/9 was categorised as open space reservation (OSR) land handed over to the Chennai Corporation for a park, with steps underway to cancel the pattas issued in the petitioner's name. Holding that in light of this stand there was no question of granting the relief sought, and confining itself to giving clarity/liberty, the Honourable Mr Justice N. Anand Venkatesh disposed of both writ petitions on 24-07-2025 with no costs, observing that any grievance about non-service of notice or improper acquisition procedure must be raised in the manner known to law.

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WP No. 20623 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-07-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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WP No. 20623 of 2025 and WP No. 20625 of 2025

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Nirmala Shankar W/o.Sankaranarayan, Residing at Plot No.90, Old Door No.11, New Door No.4, 11th Street, Tansi Nagar, Velachery, Chennai- 42 Represented by it's Power of Attorney Mr.Ravichandran, M/61, Senior Citizen, S/o.Muthusamy, No.30A, 10th Cross Street, Dhandeswaram Nagar, Velacherry, Ch-42.

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Petitioner(s)

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M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Chairman and Managing Director, Head Office at CMDA Complex, E & C Market Road, Koyambedu, Chennai- 107.

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2.M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Executive Engineer and Administrative Officer, No.48, Dr.Muthulakshmi Salai, Adyar, Chennai- 20.

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3.The Tahsildar O/o. The Tahsildar, Sholinganallur Taluk, Chennai.

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Respondent(s)

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

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WP No. 20623 of 2025

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WP No. 20625 of 2025

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Mrs.Nirmala Shankar W/o.Sankaranarayan, Represented by it's Power of Attorney Mr.Ravichandran, M/61, Senior Citizen, S/o.Muthusamy, No.30A, 10th Cross Street, Dhandeswaram Nagar, Velacherry, Ch-600 042.

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Petitioner(s)

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M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Chairman and Managing Director, Head Office at CMDA Complex, E & C Market Road, Koyambedu, Chennai- 600 107.

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2.M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Executive Engineer & Administrative Officer, No.48, Dr.Muthulakshmi Salai, Adyar, Chennai- 600 020.

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3.The Tahsildar, O/o. The Tahsildar, Sholinganallur Taluk, Chennai. Respondent(s) WP No. 20623 of 2025

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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 2nd Respondent to consider the petitioner representation dated 12.05.2025, not to interfere with the construction activities of plot No.5, survey No.365/3 (part), situated in Tesco Annex, as per the present patta No. 5994, corresponding to S.No. 365/9, measuring an extent of 2.00 Ares (i.e.,2152 square feet), located in Sholinganallur village, sholinganallur taluk, Chennai district, to provide No Objection Certificate (NOC) be issued for the said property.

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WP No. 20625 of 2025

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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 2nd Respondent to consider the representation dated 12.05.2025, not to

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

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WP No. 20623 of 2025

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interfere with the construction activities of the plot No.6, survey No.365/3 and 4 (part), situated in “Tesco Annex”, as per present patta No. 6303, corresponding to S.No.365/3A2, for an extent of 1.40 Ares(i.e .1506 square feet) located at Sholinganallur village, sholinganallur taluk, Chennai district, to provide No Objection Certificate (NOC) be issued for the said property.

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For Petitioner(s): Mr. P.K. Ganesh For Mr. A.M. Ravindranath Respondent(s): Jeyapal Standing Counsel For R1 And R2. Mr.E.Vijay Anand, AGP For R3.

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COMMON ORDER

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Both these writ petitions have been filed for a direction to

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the Housing Board to issue the No objection certificate to the petitioner and not to interfere with the construction activities carried out by the petitioner in the subject properties viz., Plot No.5 at Survey No.365/3(Part) and Plot No.6 at Survey No.365/9.

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When these writ petitions came up for hearing during earlier occasion, this Court directed the learned Standing Counsel appearing for the Housing Board to get instructions along with the original file. Accordingly, the written instructions were placed before

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

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WP No. 20623 of 2025

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this Court. It is seen that insofar as the property in Survey No.365/3 is concerned, it was already a subject matter of acquisition that took place in the year 1991 and for which, an award has already been passed in the year 1993. The Housing board has also taken a stand that they have taken possession of the property. Insofar as the survey No.365/9 is concerned, it has been categorised as open space reservation OSR land and it has also been handed over to the Chennai Corporation for the purpose of laying the park. It is further stated that steps are being taken to cancel the patta that has been issued in the name of the petitioner with respect to the subject properties.

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In the light of the above stand taken by the respondent, there is no question of granting the relief as sought for by the petitioner. If the petitioner is aggrieved by the fact that no notice was served and the procedure was not properly followed while acquiring the properties, the petitioner has to question the same in the manner known to law. Except giving this clarity/ liberty no further orders can be passed in these writ petitions.

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

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WP No. 20623 of 2025

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Both these writ petitions are disposed of in the above

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terms. No costs.

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24-07-2025

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rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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

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WP No. 20623 of 2025

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M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Chairman and Managing Director, Head Office at CMDA Complex, E & C Market Road, Koyambedu, Chennai- 600 107.

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2.M/s.Tamil Nadu Housing Board (TNHB) Represented by it's Executive Engineer & Administrative Officer, No.48, Dr.Muthulakshmi Salai, Adyar, Chennai- 600 020.

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3.The Tahsildar, O/o. The Tahsildar, Sholinganallur Taluk, Chennai.

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

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WP No. 20623 of 2025

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N.ANAND VENKATESH J. rka

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WP No. 20623 of 2025 AND WP NO. 20625 OF 2025

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24-07-2025