IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 04-03-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.5527 of 2011 1. *Saroja Manichavasagam 2. R.Kumar 3. Kavitha Sukumar 4. V.S.Indumathi 5. R.Kalaiselvi 6. C.I.Sivasubramanian 7. A.Subramanian 8. *P.K.Guruprasad 9. P.S.Vasantha Bai 10. Kasturi Santhanam 11. R.Narayanan 12. S.Raman 13. K.Sivakumar 14. *K.Sujatha 15. R.Subramanian 16. N.Subramaniam 17. K.Sivakumar 18. R.Narayanan 19. Janaky Sundararajan 20. C.Stephen Balasundaram 21. R.Subramnian 22. Amirtha Gowri 23. K.R.Varadarajan 24. T.Khyoom Basha 25. S.R.Viswanathan 26. J.C.Samuel 27. Mangala Nagarajan 28. V.Lakshminarayanan 29. R.Narasimhan 30. S.Rajeswari 31. S.Subramanian 32. S.Venkatraman 33. S.Ganesh 34. K.Venugopalan 35. J.Arokaisamy 36. Margaret Sheela 37. K.S.Rakesh 38. Umakanth Natarajan 39. R.Kannan 40. N.Indrani .. Petitioners. https://hcservices.ecourts.gov.in/hcservices/ Petitioners 1 to 40 represented by their Power of Attorney Agent R.Gopal Versus 1. The Chennai Metropolitan Development Authority rep. By its Member-Secretary No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. 2. The Corporation of Chennai, represented by its Commissioner, Rippon Buildings, Chennai-600 003. 3. The Tamil Nadu Housing Board, represented by its Chairman/ Managing Director No.493, Anna Salai, Nandanam, Chennai-600 035. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, directing the respondents 1 and 2 to receive, consider, process and approve the petitioners' application for demolition and reconstruction by issuing Planning Permisison to construct residential flats in the property situate at Block Nos.H-25, H-26, H-27 and H-28 in South Avenue, Kamaraj Nagar, Thiruvanmiyur, Chennai-600 041, comprised in Old Survey No.76 (part) T.S.No.135 of Block No.31 in Thiruvanmiyur Village, Mylapore-Triplicane Taluk, Chennai District, measuring an extent of 43.400 sq.ft. 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. For Petitioners : Mr.R.Mohan For Respondents : Mr.C.Kathiravan (R1) Mr.V.Bharathidasan (R2) Mr.A.Vijayakumar (R3) O R D E R 1. Heard the learned counsels appearing for the petitioners, as well as the learned counsel for the respondents. 2. At this stage of the hearing of the writ petition, it has been pointed out by the learned counsel for the petitioners, that in similar matters, this Court had passed orders, directing the first and the second respondents to receive the application from the petitioners, for the grant of approval, for demolition and for https://hcservices.ecourts.gov.in/hcservices/ putting up a new construction, and to process it, on merits and in accordance with law, without insisting on the production of the 'No Objection Certificate' from the third respondent. One such order, dated 11.08.2009, made in W.P.No.15490 of 2009, had been placed before this Court. Paragraph 5 of the said order reads as follows: "5.The "No Objection certificate" from the Tamil Nadu Housing Board is not necessary for granting approval for planning permission submitted by the petitioners. Once the Tamil Nadu Housing Board has sold the property to the petitioners, it lost its right over the property. Hence, insisting "No Objection Certificate" from the Tamil Nadu Housing Board for processing the application of the petitioners for demolition and putting up a new construction is uncalled for. This view has been taken by this Court by an order, dated 25.04.2008, made in W.P.No.10573 of 2008. Paragraph 4 of the order is usefully extracted here under:-" "4. Under Similar Circumstances, this Court had disposed of the writ petition in W.P.No.34063 of 2004 dated 30.11.2004 directing the CMDA to receive the application when it is represented and process the same on its own merits and in accordance with law, following the eariler orders of this Court, in W.P.No.12022 of 2004 dated 30.04.2004. Following the same,the first respondent is hereby directed to receive the application when it is represented by the petitioner and process it on merits and in accordance with law without insisting NOC from the third respondent within a period of six weeks from the date of receipt of the application from the petitioners. The Writ petition is disposed of accordingly. No costs. Consequently, connected MP is closed." 3. The learned counsel appearing on behalf of the third respondent, Tamil Nadu Housing Board, had submitted that a Division Bench of this Court, had passed an order, dated 28.08.2007, in W.A.No.1052 of 2007, holding that the proposed construction could be put up without a 'No Objection Certificate', being issued by the Tamil Nadu Housing Board. However, it had been stated that such construction cannot be used for commercial purposes. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering, the submissions made by the learned counsels appearing on behalf of the petitioners, as well as the respondents, the first and the second respondents are directed to receive the application to be submitted by the petitioners, for the grant of approval, for demolition and for putting up new construction and to process the same, on merits and in accordance with law and pass appropriate orders thereon. The petitioners are directed to submit the application to the first and the second respondents, within a period of fifteen days, from the date of receipt of a copy of this order. On receipt of the application from the petitioners, the first and second respondents are directed to consider the same and pass appropriate orders, thereon, on merits and in accordance with law, within a period of eight weeks thereafter, without insisting on the 'No Objection Certificate' from the Tamil Nadu Housing Board. This Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst. Registrar 10.3.2011 *Cause title Amended as per order of this Court dated 27.4.2011 and made in M.P.No.1/2011 in W.P.No.5527/2011 Sd/- Asst.Registrar //true copy// Sub Asst.Registrar csh To * To be substituted to the 1. The Member-Secretary order already despatched Chennai Metropolitan Development Authority on 10.3.2011. No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. 2. The Commissioner, The Corporation of Chennai, Rippon Buildings, Chennai-600 003. https://hcservices.ecourts.gov.in/hcservices/ 3. The Chairman/Managing Director The Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035. 1 cc to Mr.A.Vijayakumar, Advocate, Sr.No.*29891 1 cc to Mr.C.Kathiravan, Advocate, Sr.No.15884 1 cc to Mr.R.Mohan, Advocate, Sr.No.*29421 Writ Petition No.5527 of 2011 RSY {CO} TP/10.3.2011. TP/29.4.2011. https://hcservices.ecourts.gov.in/hcservices/