IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 29.06.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.15478 of 2011 1 R.PREMAVATHY 2 G.R.SIVAKUMAR 3 G.R.VIDYALAKSHMI 4 G.R.NARAYANAN 5 S.BALACHANDAR 6 S.V.R.KALAISELVAN 7 T.SHANKARVEL 8 R.VARADHARAJAN 9 M.MOHAMED BATCHA 10 N.R.VENKATESAN 11 SMT.K.SELVAMANI 12 K.SURIYA PRABA 13 K.CHANDRAMOHAN 14 K.SIVAKUMAR 15 K.MYTHILI 16 K.RAMKUMAR 17 K.MAHESH 18 TMT.BHARATHI MAHESH 19 S.KALAIARASI 20 S.SARASWATHI 21 S.SUSIL SRINIVASAN (PETRS 1 TO 21 ARE REP.BY THEIR P.O.A. M.JOHN AND N.DEVANAND DIRECTORS M/S. JD CONSTRUCTIONS & PROMOTERS PVT. LTD NO.103 FIRST FL CH-78) ... Petitioners - Vs - 1 CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY REP.BY ITS MEMBER- SECRETARY NO.1 GANDHI-IRWIN RD EGMORE CHENNAI-8. 2 THE COMMISSIONER CORPORATION OF CHENNAI RIPON BUILDINGS CHENNAI-3. https://hcservices.ecourts.gov.in/hcservices/ 3 THE TAMIL NADU HOUSING BOARD REP.BY ITS MANAGING DIRECTOR/CHAIRMAN 493 ANNA SALAI NANDANAM CHENNAI-35. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the 1st respondent to receive consider process and approve the petitioners application for reconstruction by issuing Planning Permission to construct residential special building in accordance with law of their property at Block Nos.380 & 381 and numbered by Chennai Corporation as AH259/1 to 12 at 7th Main Road Anna Nagar Chennai- 600 040 comprised in S.No.22(Part) of Naduvankarai Village Egmore- Nungambakkam Taluk, Chennai District admeasuring to an extent of 10064 sq.ft. without insisting or production of No Objection Certificate from the 3rd respondent or any other authorities concerned and to accord sanction for the same in accordance with law. For petitioners : Mr.R.Mohan For respondents 1 & 3 : Ms.V.M.Velumani, Spl.G.P. For respondent-2 : Mr.V.Bharathidasan O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the 1st respondent to receive, consider process and approve the petitioners application for reconstruction by issuing Planning Permission to construct residential special building in accordance with law of their property at Block Nos.380 & 381 and numbered by Chennai Corporation as AH259/1 to 12 at 7th Main Road Anna Nagar Chennai-600 040 comprised in S.No.22(Part) of Naduvankarai Village Egmore-Nungambakkam Taluk, Chennai District admeasuring to an extent of 10064 sq.ft. without insisting or production of No Objection Certificate from the 3rd respondent or any other authorities concerned and to accord sanction for the same in accordance with law. 2. Ms.V.M.Velumani, learned Special Government Pleader takes notice on behalf of the first and the third respondents and Mr.V.Bharathidasan, learned counsel takes notice on behalf of the second 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 sold to the individuals. https://hcservices.ecourts.gov.in/hcservices/ The present owners are either original allottees or subsequent purchasers. 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 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 objection certificate from the third respondent 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. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ smi/ts To 1 The MEMBER- SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY NO.1 GANDHI-IRWIN RD, EGMORE, CHENNAI-8. 2 THE COMMISSIONER CORPORATION OF CHENNAI, RIPON BUILDINGS CHENNAI-3. 3 THE MANAGING DIRECTOR/CHAIRMAN, TAMIL NADU HOUSING BOARD 493, ANNA SALAI, NANDANAM, CHENNAI-35. + 1 cc to Mr.V. Bharathidasan, Sr.38371 + 1 cc to the Government Pleader Sr.38290 + 1 cc to Mr.R. Mohan, Sr.37647 W.P.No.15478 of 2011 UG(CO) Eu 13.7.11 https://hcservices.ecourts.gov.in/hcservices/