IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 26.04.2011 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P. No.1701 of 2011 1. G. Durai Vaiyapuri AL-20, 4th Street, 11th Main Road, Anna Nagar, Chennai-40 2. Mrs. D. Geetha, AL-20, 4th Street, 11th Main Road, Anna Nagar, Chennai-40 .. Petitioners vs 1. The Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-8 2. The Corporation of Chennai, rep. by its Commissioner, Rippon Buildings, Park Town, Chennai-3 3. The Tamil Nadu Housing Board, rep. by its Managing Director, Nandanam, Chennai-35 .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for records of the first respondent culminating in the impugned letter dated 13.09.2010 in letter No.B3/6583/2010 and quash the direction contained in para 10 of the said letter and further directing the respondents 1 and 2 to entertain, consider and grant approval on the basis of the revised planning permission application in SBC No.421 of 2010 dated 03.05.2010 and grant planning permission, planning permit and building permit for new construction at Block No.22, Town Survey No.199 Part AH Block, being New Nos.179, 181, 177 and 183, Shanthi Colony, IV Avenue, Anna Nagar, Chennai-40 jointly owned by petitioners, without insisting upon the N.O.C. https://hcservices.ecourts.gov.in/hcservices/ from the third respondent herein or any other authority, so long as the proposed new construction. For Petitioners : Mr. Kuberan for M/s. Rank Associates For Respondents : Mr. J. Ravindran for R1 Mr. L.N. Prakasam for R2 Mr. A. Vijayakumar for R3 O R D E R This writ petition has been filed for a certiorarified mandamus calling for records of the first respondent culminating in the impugned letter dated 13.09.2010 in letter No.B3/6583/2010 and quash the direction contained in para 10 of the said letter and further directing the respondents 1 and 2 to entertain, consider and grant approval on the basis of the revised planning permission application in SBC No.421 of 2010 dated 03.05.2010 and grant planning permission, planning permit and building permit for new construction at Block No.22, Town Survey No.199 Part AH Block, being New Nos.179, 181, 177 and 183, Shanthi Colony, IV Avenue, Anna Nagar, Chennai-40 jointly owned by petitioners, without insisting upon the N.O.C. from the third respondent herein or any other authority, so long as the proposed new construction. 2. Heard Mr. Kuberan, learned counsel appearing for the petitioners, Mr. J. Ravindran, learned counsel appearing for Chennai Metropolitan Development Authority/first respondent, Mr. L.N. Prakasam, learned Government Advocate appearing for the Corporation of Chennai/second respondent and Mr. A. Vijayakumar, learned Government Advocate appearing for the Tamil Nadu Housing Board/third respondent. 3. Clause 10 of the impugned letter No.B3/6583/2010 dated 13.09.2010 reads as follows: "10. NOC from TNHB to be furnished since usage changed from TNHB original allotment order and also with reference to the earlier approved plan." 4. The requirement of NOC has been considered by this Court in W.P. No.8189 of 2008 on 03.04.2008 for the very same petitioners in the following order: "The application of the petitioner dated 24.01.2008 for planning permission for demolition and reconstruction of new building is directed to be considered by the first and second respondent without insisting upon No Objection Certificate from the third respondent Housing Board as https://hcservices.ecourts.gov.in/hcservices/ per the terms mentioned above, in accordance with law, within a period of six weeks, if it is in order." 5. In an application seeking modification of the plan, insisting of No Objection Certificate from the Housing Board once again is not justified. Accordingly, clause 10 of the impugned letter is set aside. 6. The writ petition is ordered accordingly. Consequently, connected M.P. is closed. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. vga To 1. The Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-8 2. The Commissioner The Corporation of Chennai, Rippon Buildings, Park Town, Chennai-3 3. The Managing Director, The Tamil Nadu Housing Board, Nandanam, Chennai-35 1 cc to M/s. Rank Associates, Sr. 29084 1 cc to Mr.A. Vijayakumar, Advocate, Sr. 29102 1 cc to Mr.L.N. Pragasham, Advocate, Sr. 28980 W.P. No.1701 of 2011 TM (CO) kk 1/5 https://hcservices.ecourts.gov.in/hcservices/