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M.P. Kumar v/s The Chairman, Tamil Nadu Housing Board, Chennai & Others


Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- KUMAR HOUSING CORPORATION PRIVATE LIMITED [Amalgamated] CIN = U70101PN1989PTC050832

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- E V P HOUSING CHENNAI PRIVATE LIMITED [Active] CIN = U45201TN2005PTC055469

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- J K BOARD PRIVATE LIMITED [Strike Off] CIN = U20101DL1998PTC094877

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- CHENNAI HOUSING LIMITED [Strike Off] CIN = U45201TN2010PLC076462

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    W.P. Nos. 24667 & 7258 of 2013 & M.P. No. 1 of 2013

    Decided On, 20 August 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. DURAISWAMY

    For the Petitioner: S. Vijayalakshmi, Advocate. For the Respondents: R1, R. Bharath Kumar, Advocate, R2 & R3, A. Madhumathi, Special Government Pleader.



Judgment Text


(Prayer: W.P.No.24667 of 2013 filed under Article 226 of the Constitution of India for issuing a writ of mandamus forbearing the respondents from interfering with the petitioner's possession of his lands measuring 0.16.99.661 hectares comprised in T.S.No.N3/11-4 of Nagercoil, Agastheeswaram Taluk, Kaniyakumari District and granting patta in respect of the land in favour of the 1st respondent unless under due process of law. W.P.No.7258 of 2013 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 the land measuring 0.16.99.661 hectares, Nagercoil, Agastheeswaram Taluk, Kaniyakumari District comprised in T.S.No.N3/11-4 considering the representation of the petitioner dated 06.12.2012.)

Common Order:

1. Since the issues involved in both the Writ Petitions are common, both the Writ Petitions are disposed of by this common order.

2. W.P.No.7258 of 2013 has been filed by the petitioner to issue a Writ of Mandamus directing the respondent to issue No Objection Certificate in favour of the petitioner in respect of the land measuring 0.16.99.661 hectares in Nagercoil, Agastheeswaram Taluk, Kaniyakumari District comprised in T.S.No.N3/11-4 considering the representation of the petitioner dated 06.12.2012. W.P.No.24667 of 2013 has been filed by the petitioner to issue a Writ of Mandamus forbearing the respondents from interfering with the petitioner's possession of his lands measuring 0.16.99.661 hectares comprised in T.S.No.N3/11-4 of Nagercoil, Agastheeswaram Taluk, Kaniyakumari District and granting patta in respect of the land in favour of the 1st respondent unless under due process of law.

3. When the Writ Petitions are taken up for hearing, Mrs.S.Vijayalakshmi, learned counsel appearing for the petitioner submitted that originally the petitioner's lands were acquired by the Government, however, the entire acquisition proceedings were quashed by the Division Bench of this Court in W.A.No.2471 of 2012 [The Chairman, Tamil Nadu Housing Board, Anna Salai, Nandanam, Chennai – 600 035 Vs. 1.Ulaganathan, 2.The Secretary to Government, Housing & Urban Development Dept., Government of Tamil Nadu, Secretariat, Fort St.George, Chennai – 600 009 and 2 others] dated 08.11.2012 wherein the Division Bench held as follows:

“...

8. Thus, on and after the order passed by the Division Bench dated 23.03.2007, the entire acquisition proceedings stood quashed. Therefore, there was no need or occasion for the respondent/writ petitioner to challenge the land acquisition proceedings, which had already been quashed. Therefore, the prayer sought for by the respondent/writ petitioner to issue no objection certificate, was perfectly justified.”

4. From the above, it is clear that the entire acquisition proceedings were quashed and further, the Division Bench observed that there was no need or occasion for the writ petitioner to challenge the land acquisition proceedings, which had already been quashed. Further, the Division Bench observed that the prayer sought for by the writ petitioner to issue No Objection Certificate, was perfectly justified.

5. Mr.R.Bharath Kumar, learned counsel appearing for the 1st respondent/Tamil Nadu Housing Board submitted that the petitioner is a subsequent purchaser and that the acquisition proceedings were not challenged, either by the petitioner or by his vendor and that the Tamil Nadu Housing Board had also deposited the compensation amount. Further, the learned counsel submitted that the Tamil Nadu Housing Board had taken possession of the property.

6. However, Mrs.S.Vijayalakshmi, learned counsel appearing for the petitioner disputed the contention of the learned counsel appearing for the 1st respondent and submitted that the petitioner is in possession and enjoyment of the property and that the 1st respondent had not taken possession of the property so far.

7. As far as the filing of the Writ Petition challenging the acquisition notification is concerned, the Division Bench had categorically held that since the entire acquisition proceedings were quashed, there is no necessity for filing a separate Writ Petition challenging the acquisition proceedings.

8. The ratio laid down by the Division Bench squarely applies to the facts and circumstances of the present case and therefore, the contention of the learned counsel for the 1st respondent cannot be accepted.

9. It is not in dispute that the acquisition proceedings, which is the subject matter in the Writ Appeal and the acquisition proceeding initiated in respect of the petitioner's land, are under the same notification. Therefore, the prayer sought for in these Writ Petitions are covered by the decision of the Division Bench made in the Writ Appeal.

10. In such view o

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f the matter, the petitioner is entitled to get the No Objection Certificate from the Tamil Nadu Housing Board and the respondents have no right to interfere with the petitioner's possession in respect of his lands mentioned in the petition. The 1st respondent is directed to issue No Objection Certificate to the petitioner within a period of four weeks from the date of receipt of a copy of this order. 11. With these observations, the Writ Petitions are allowed. No costs. Consequently, the connected miscellaneous petition is closed.
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