IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06..2011 CORAM: THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P. No. 12906 of 2011 S. Pushpa .. Petitioner Vs. 1.Porur Panchayat, rep. By its Executive Officer, Porur, Chennai. 2.Chennai Metropolitan Development Authority, rep. By its Member-Secretary, No.1 Gandhi Irwin Road, Egmore, Chennai.8. 3. Tamil Nadu Housing Board, rep. By its Chairman, Nandanam, Chennai.35. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondents to receive, process and consider and accord planning permission on the petitioner's application for the proposed construction to be put up at plot No.13, 7th Main Road, Lakshmi Nagar Extension, Porur, Chennai.116 comprised in Survey No.14 (part) within the limits of Porur Town Panchayat expeditiously and in accordance with law, without insisting upon production of No Objection Certificate from the 3rd respondent. For Petitioner : Mr. D.S. Rajasekaran For Respondents : Ms. V.M.Velumani Spl. Govt. Pleader – R1 to R3 https://hcservices.ecourts.gov.in/hcservices/ ORDER This writ petition is filed to direct the 1st and 2nd respondents to receive, process and consider and accord planning permission on the petitioner's application for the proposed construction to be put up at plot No.13, 7th Main Road, Lakshmi Nagar Extension, Porur, Chennai.116 comprised in Survey No.14 (part) within the limits of Porur Town Panchayat expeditiously and in accordance with law, without insisting upon production of No Objection Certificate from the respondent. 2. The second respondent is refusing to receive the application on the ground that no objection certificate has not been produced from the third respondent-Housing Board in respect of the proposed construction to be put up at Plot No.13, 7th Main Road, Lakshmi Nagar Extension, Porur, Chennai-116 in S.No. 14(part) within the limits of Porur Town Panchayat/5th respondent. 3. In respect of Plot No. 8 and 9, 7th main Road, Lakshmi Nagar Extension, Porur, Chennai-116 comprised in part of S.Nos. 14 and 15, an order was passed by this Court on 3.11.2008 in WP No.25786 of 2008 following several other orders where the Chennai Metropolitan Development Authority was directed to consider the application without insisting No Objection Certificate from the Tamil Nadu Housing Board and it was recorded in the order and no appeal was filed against the earlier order. The relevant portion of the order passed by this Court reads as follows:- " (2) According to the learned counsel for the petitioner, this issue is covered by the judgment of this Court passed in W.P.No.35159 of 2005 dated 20.10.2005 wherein this Court, following the judgment made in W.P.No.12822 of 2004 dated 30.04.2004 directed the respondents therein to consider the application of the petitioner therein without insisting on the No Objection Certificate from the Tamil Nadu Housing Board and apart from this, a similar view was taken by this Court in W.P.No.14206 of 2008 dated 09.07.2008. (3). On notice, the learned counsel appearing for the Tamil Nadu Housing Board would submit that as against the order passed in W.P.No.35159 of 2005, no appeal has been filed and the said order has become final. (4). In view of the above, this writ petition is disposed of directing the first and second respondents to receive the application to be submitted by the petitioner; to process the same on merits and in accordance with law without insisting on the No Objection Certificate from the https://hcservices.ecourts.gov.in/hcservices/ Tamil Nadu Housing Board and to pass orders on the same within a period of eight weeks from the date of receipt of a copy of this order." 4. Since the property in question is adjacent to the property covered by the earlier order referred to above and also taking note of the fact that no appeal appears to have been filed against the order passed earlier, the writ petition is disposed of directing the first and second respondents to receive the application submitted by the petitioner and process the same on merits without insisting No Objection Certificate from the Tamil Nadu Housing Board within a period of eight weeks from the date of receipt of the application along with the copy of this order. Consequently, M.P. No. 1 of 2011 is closed. No costs. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar ra To 1.The Executive Officer, Porur Panchayat, Porur, Chennai. 2.The Member-Secretary, Chennai Metropolitan Development Authority, No.1 Gandhi Irwin Road, Egmore, Chennai.8. 3.The Chairman, Tamil Nadu Housing Board, Nandanam, Chennai.35. 1 cc to Mr.D.S. Rajasekaran , Advocate, Sr.No.37090 1 cc To Government Pleader, SR.No.36928 WP No. 12906/2011 GV(CO) PMK.29.6.2011 https://hcservices.ecourts.gov.in/hcservices/