IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 8.4.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.9112 of 2011 1.D.Ramesh, 2.R.Balamurali, 3.A.P.Anantha Subramaniam, 4.N.Sundar, 5.S.Thirunavukarasu. ... Petitioners vs. 1.Chennai Metropolitan Development Authority, represented by its Member-Secretary, No.1, Gandhi-Irwin Road, Egmore, Chennai 600 008. 2.The Commissioner, Ambattur Municipality, Ambattur, Chennai-600 050. 3.The Tamil Nadu Housing Board, represented by its Managing Director/ Chairman, 493, Anna Salai, Nandanam, Chennai-600 035. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to receive, consider, process and approve the petitioners' application for demolition and reconstruction by issuing planning permission to construct residential flats in the property situated at Block No.M4, East Avenue, Koratur, Chennai-80 comprised in S.No.1179 (part) and 1180 (part) of Korattur Village, Ambattur Taluk, Thiruvallur District, without insisting on production of No Objection Certificate from the third respondent or any other Authorities concerned and to accord sanction for the same in accordance with law expeditiously. https://hcservices.ecourts.gov.in/hcservices/ For petitioners: Mr.D.S.Rajasekaran For respondents: Mr.C.Kathiravan, for R1. Mr.I.Paranthaman, for R2 : Mr.A.Vijayakumar, for R3 ----- O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to receive, consider, process and approve the petitioners' application for demolition and reconstruction by issuing planning permission to construct residential flats in the property situated at Block No.M4, East Avenue, Koratur, Chennai-80 comprised in S.No.1179 (part) and 1180 (part) of Korattur Village, Ambattur Taluk, Thiruvallur District, without insisting on production of No Objection Certificate from the third respondent or any other Authorities concerned and to accord sanction for the same in accordance with law expeditiously. 2. Mr.C.Kathiravan, learned counsel takes notice on behalf of the first respondent; Mr.I.Paranthaman, learned counsel takes notice on behalf of the second respondent and Mr.A.Vijayakumar, learned counsel takes notice on behalf of the third respondent. By consent, the writ petition is taken up for final disposal. 3. Petitioners are owners of the property which was originally developed by Tamil Nadu Housing Board and they are allottees. In view of the age of the superstructure, petitioners seek permission for demolition and reconstruction for residential purpose only. The undisputed fact is that the Tamil Nadu Housing Board has no lien over the property. For the purpose of developing the property, the first respondent orally insisted the petitioners that no objection certificate issued by the Tamil Nadu Housing Board should be submitted along with the application for the purpose of demolition, planning permission and for issuance of planning and building permit to put up new construction. 4. Similar issue with regard to the insistence of no objection certificate from Tamil Nadu Housing Board was considered by a Division Bench of this Court in W.A.No.1052 of 2007 (The Managing Director - vs. - Lancor G:Crop Properties Limited & another) where it has been clearly held that the Housing Board has no right over property developed and sold to the individual allottees. The https://hcservices.ecourts.gov.in/hcservices/ petitioners have enclosed sale deeds to show absolute ownership. The only restriction appears to be that the property developed for residential purpose should not be commercial use. The petitioners' plea is only for demolition and reconstruction as residential property. 5. Petitioners' counsel states that the development of the property is for residential use only and petitioners are willing to file an affidavit to that effect. Following the Division Bench Judgment as above, several orders have been passed by this Court, viz., W.P.No.15170 of 2010 dated 20.7.2010, W.P.No.14784 of 2008 dated 6.8.2008 where the Chennai Metropolitan Development Authorities were directed to accept the application without insisting on no objection certificate. 6. Since the property in question undisputedly has been sold to the individual allottees by way of proper sale deeds, the Tamil Nadu Housing Board can have no right over the property and therefore, the question of issuing no objection certificate does not arise. 7. In view of the above, the first respondent is directed to proceed with the application submitted by the petitioners without insisting no objecting certificate from the Tamil Nadu Housing Board subject to condition that the property will be developed only for residential purpose. The petitioners, however, are directed to submit the individual sale deeds of all the land owners to the competent authority to get planning permission. The Writ Petition is ordered as above. No costs. ts Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Member-Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi-Irwin Road, Egmore, Chennai 600 008. https://hcservices.ecourts.gov.in/hcservices/ 2.The Commissioner, Ambattur Municipality, Ambattur, Chennai-600 050. 3.The Managing Director/ Chairman, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai-600 035. + 1 cc to Mr. D.S. Rajasekaran, Advocate SR No.25395 + 1 cc to Mr. C. Kathiravan, Advocate for CMDA SR No.25824 + 1 cc to Mr. A. Vijayakumar, Advocate SR No.25536 KU(CO) SR/18.4.2011 Order in W.P.No.9112 of 2011 https://hcservices.ecourts.gov.in/hcservices/