IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 29.3.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR WRIT PETITION NO.7214 OF 2011 AND M.P.NO.1 OF 2011 Mr.R.Anban, Mrs.Yamuna Bai Anban. ... Petitioners vs. 1.The Chennai Metropolitan Development Authority, No.1, Gandhi-Irwin Road, Egmore, Chennai 600 008. 2.The Corporation of Chennai, represented by its Commissioner, Rippon Building, Chennai-600 003. 3.The Tamil Nadu Housing Board, represented by its Managing Director, 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 respondents 1 and 2 to entertain, consider and grant approval to the demolition plan, planning permission, building permit for developing the land at Flat Nos.1 to 4, Old Door No.39, New Door No.59, Plot No.59, Block No.39, Vaigai Colony, 11th Avenue, Ashok Nagar, Chennai-600 083, Block No.71 of Kodambakkam Village, Mambalam Guindy Taluk, Chennai in Survey No.14, Part Block and measuring about 3 Grounds and 605 Square Feet for putting up a residential building without insisting upon the No Objection Certificate from the third respondent or any other Authority, so long as the proposed new construction activities is in accordance with the Development Control Rules. For petitioners : Mr.A.C.Kumaragurubaran For respondents : Mr.C.Kathiravan, for R1 : Mr.V.Bharathidasan, for R2 : Mr.A.Vijayakumar, for R3 https://hcservices.ecourts.gov.in/hcservices/ O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to entertain, consider and grant approval to the demolition plan, planning permission, building permit for developing the land at Flat Nos.1 to 4, Old Door No.39, New Door No.59, Plot No.59, Block No.39, Vaigai Colony, 11th Avenue, Ashok Nagar, Chennai-600 083, Block No.71 of Kodambakkam Village, Mambalam Guindy Taluk, Chennai in Survey No.14, about 3 Grounds and 605 Square Feet for putting up a residential building without insisting upon the No Objection Certificate from the third respondent or any other Authority, so long as the proposed new construction activities is in accordance with the Development Control Rules. 2. Mr.C.Kathiravan, learned counsel takes notice on behalf of the first respondent; Mr.V.Bharathidasan, 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 subsequent purchasers from the original allottees of flat of Tamil Nadu Housing Board. An Orientation Sketch has been issued in favour of the petitioners on 11.1.2010 by the Executive Engineer, K.K.Nagar Division, Tamil Nadu Housing Board. Based on this, petitioners claim that they should be given the benefit of approval for demolition plan, planning permission and building permit without insisting no objection certificate from the Housing Board. 4. Considering the similar issue, this Court by order dated 18.1.2011 in W.P.No.670 of 2011 passed the following order:- "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 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." https://hcservices.ecourts.gov.in/hcservices/ 5. In view of the order passed in W.P.No.670 of 2011, the first respondent is directed to proceed with the application submitted by the petitioners without insisting no objecting 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 and other relevant documents to the competent authority to get planning permission expeditiously. 6. The Writ Petition is ordered as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1.Chennai Metropolitan Development Authority, No.1, Gandhi-Irwin Road, Egmore, Chennai 600 008. 2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003. 3.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai-600 035. 1 cc To Mr.A.C.Kumara Gurubaran, Advocate, SR.22856. 1 cc To Mr.V.Bharathidasan, Advocate, SR.22792. 1 cc To Mr.A.vijayakumar, Advocate, SR.23269. W.P.No.7214 of 2011 NR(CO) RVL 11.04.2011 https://hcservices.ecourts.gov.in/hcservices/