IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-4-2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.11966 of 2011 1. Dr.S.Lakshmi 2. Mrs.Sunitha M.A.Periera 3. Nathan Harold Periera 4. Gaelen Stanislaus Periera 5. V.Dorairaj 6. M.G.Nageswaran 7.T.S.Venkatesan 8. Ashwin Venkatesan 9. Ramakrishnan Venkaesan 10.Aparna Swaminathan 11.V.Sunder Rajan 12.S.Subramanian 13. M.R.Hussain 14. Felix Pereira 15. S.Viswanathan 16. G.R.Ramakrishnan 17. Mrs.Visalam Ramakrishnan 18. Mrs.Kamala Raghavan 19. Mrs.Lalitha Nagarajan 20. D.V.S.Subramaniam 21. D.Padma Shastri 22. Mrs.Durga Vani Kalle 23. Surya Sudhakar 24. Mrs.Bhuvaneswari Rathnakumar 25. Mrs.Mythili Murali 26. Mrs. Mekala 27. Mrs.Madhuri Sathyanarayanan 28. Vijayakrishnan 29. Mrs.Saraswathi Vasan 30. R.Sathyanarayanan 31. P.K.Raghu 32. T.V.Srinivasan 33. P.Narayanan 34. Dr.B.R.Ramani All the above represented by their Power Agent M/s.Barath Building Construction(India ) Pvt.Ltd., https://hcservices.ecourts.gov.in/hcservices/ (Formerly known as BBC Foundation (P) Ltd., Rep. By its Geneal Manager Mr.Barath Kumar Venkatesan Having its office at No.20 (Old No.23/2) Mylai Ranganathan Street T.Nagar Chennai 17. ... Petitioners/ Petitioners Versus 1. Tamil Nadu Housing Board Rep. by its Chairman Nandanam chennai-35. 2 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road, Egmore, Chennai-8. 3 Corporation of Chennai Rep. by its Commissioner, Ripon Buildings No.1131, EVR Periyar Salai, Park Town Chennai-3. 4 The Executive Engineer Tamil Nadu Housing Board Besant Nagar Division No.48 Dr.Muthulakshmi Nagar Adyar, Chennai-20. ...Respondents/ Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of writ of certiorarified mandamus directing the 2nd respondent to entertain, consider and grant approval of petitioners planning permission application and building permit application for putting up a construction on the property in Block No.29 and 30 Housing Board Flats, South Avenue, Kamaraj Nagar, Thiruvanmiyur, Chennai-40 without insisting upon the No Objection Certificate from the Tamilnadu Housing Board namely the 2nd respondent herein as long as the proposed new construction activities is in accordance with Development Control Rules and Town and Country Planning Act. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.S.Geetha For Respondents : Mr.C.Kathiravan (R2) Mr.V.Bharathidasan (R3) Mr.A.Vijayakumar, (R1 ,R4) O R D E R The above writ petition is filed for issuance of writ of certiorarified mandamus directing the 2nd respondent to entertain, consider and grant approval of petitioners' planning permission application and building permit application for putting up a construction on the property in Block No.29 and 30 Housing Board Flats, South Avenue, Kamaraj Nagar, Thiruvanmiyur, Chennai-40 without insisting upon the No Objection Certificate from the Tamilnadu Housing Board, namely, the 2nd respondent herein as long as the proposed new construction activities is in accordance with Development Control Rules and Town and Country Planning Act. 2. Petitioners claim to be the owners of property in question, which was originally purchased by them from the Tamil Nadu Housing Board. As Sale deeds have been executed in favour of the petitioners, they are entitled to demolish and reconstruct the building. When the petitioners approached the second respondent by submitting their applications for planning permission the second respondent refused to accept the application stating that "No Objection Certificate" has to be obtained from the first respondent. Hence, the petitioners have filed the present writ petition with the prayer as stated above. 3. Similar issues were considered by the first Bench of this Court in W.A.No.1052 of 2007, wherein it has been observed as follows:- "It is not in dispute that the construction was made more than thirty years and the flats allotted to various persons who have paid the entire sale consideration to the Tamil Nadu Housing Board and in such circumstances, when the property requires a demolition and reconstruction, it is not proper on the part of the Corporation to ask for No Objection Certificate. It is also brought to our notice that in many number of similar cases, this Court has held that such No Objection Certificate is not required. In the case of RAMAKRISHNA NAGAR FLAT ALLOTTEES / OWNERS / CO-OPERATIVE HOUSING SOCIETY v. TAMIL NADU HOUSING BOARD reported in (1997) https://hcservices.ecourts.gov.in/hcservices/ TNLJ 420, the Division Bench of this Court has held that after the MIG and LIG flats are allotted to the allotees, the entire area belonged to the allotees and Housing Board has no control over the possession and management of the said area." 4. In another case viz., WP No. 25420 of 2007, by an order dated 01.10.2009 this Court following the decision of the First Bench, passed the following order:- "The application of the petitioner dated 26.12.2006 for planning permission for demolition and reconstruction of residential flats is directed to be considered by the first respondent and second respondent without insisting upon No Objection Certificate from the third respondent/Housing Board as per the terms mentioned above, in accordance with law, within a period of six weeks, if it is in order otherwise." 5. In view of the earlier order of this Court, the petitioners are directed to submit their application along with a copy of this order with all relevant documents to show the nature of the right over the property and the authority/ second respondent shall consider the same as and when presented without insisting a no objection certificate from the Tamil Nadu Housing Board, if the applications are otherwise in order. If the applications are not accepted for one or other reason, the authority has to state the same and pass a reasoned order in accordance with law within a reasonable period of time. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. krr/ To 1. The Chairman Tamil Nadu Housing Board Nandanam chennai-35. https://hcservices.ecourts.gov.in/hcservices/ 2 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road, Egmore, Chennai-8. 3 The Commissioner, Corporation of Chennai Ripon Buildings No.1131, EVR Periyar Salai, Park Town Chennai-3. 4 The Executive Engineer Tamil Nadu Housing Board Besant Nagar Division No.48 Dr.Muthulakshmi Nagar Adyar, Chennai-20. 1 cc to M/s. Rajnish Pathiyil, Advocate, Sr. 30495 1 cc to Mr.A. Vijayakumar, Advocate, Sr. 30632 1 cc to Mr.C. KAthiravan, Advocate, Sr. 30611 W.P No.11966 of 2011 UG (CO) kk 12/5 https://hcservices.ecourts.gov.in/hcservices/