IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 1.3.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.4706 of 2011 G.Sambandan, represented by his Power Agent, Mr.S.Ramakrishnan, Plot No.84, 4/84, Nehru Nagar, Ramapuram, Chennai-600 089. ... Petitioner vs. 1.The Corporation of Chennai, represented by its Commissioner, Rippon Building, Chennai-600 003. 2.The Member Secretary, Chennai Metropolitan Development Authority, No.1,Gandhi-Irwin Road, Egmore, Chennai 600 008. 3.The Managing Director, Tamil Nadu Housing Board, 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 first respondent to receive and process the petitioner's application for planning permission for the petitioner's property in Door Nos.129 and 130, Block No.54, P.V. Rajamannar Salai, K.K.Nagar, Chennai-78 without insisting upon "No Objection Certificate" from the third respondent. https://hcservices.ecourts.gov.in/hcservices/ For petitioners : Mr.M.Vembadiyan For respondents : Mr.L.N.Prakasam, for R1 : Mr.C.Kathiravan, for R2 : Mr.A.Vijayakumar, for R3 O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to receive and process the petitioner's application for planning permission for the petitioner's property in Door Nos.129 and 130, Block No.54, P.V. Rajamannar Salai, K.K.Nagar, Chennai-78 without insisting upon "No Objection Certificate" from the third respondent. 2. Mr.L.N.Prakasam, learned counsel takes notice on behalf of the first respondent; Mr.C.Kathiravan, 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. Petitioner is owner of the property which was originally developed by Tamil Nadu Housing Board and sold to the individuals. The present owner is either original allottee or subsequent purchaser. The undisputed fact is that the Tamil Nadu Housing Board has no lien over the property. For the purpose of developing the property, the first respondent orally insisted the petitioner that no objection certificate issued by the Tamil Nadu Housing Board should be submitted along with the application for the purpose of demolition, planning permission and for issuance of planning and building permit to put up new construction. 4. Similar issue with regard to the insistence of no objection certificate from Tamil Nadu Housing Board was considered by a Division Bench of this Court in W.A.No.1052 of 2007 (The Managing Director - vs. - Lancor G:Crop Properties Limited & another) where it has been clearly held that the Housing Board has no right over property developed and sold to the individual allottees. The petitioner has enclosed sale deed to show absolute ownership. The only restriction appears to be that the property developed for residential purpose should not be commercial use. The petitioner's plea is only for demolition and reconstruction as residential property. https://hcservices.ecourts.gov.in/hcservices/ 5. Petitioner's counsel states that the development of the property is for residential use only and petitioner is willing to file an affidavit to that effect. Following the Division Bench Judgment as above, several orders have been passed by this Court, viz., W.P.No.15170 of 2010 dated 20.7.2010, W.P.No.14784 of 2008 dated 6.8.2008 where the Chennai Metropolitan Development Authorities were directed to accept the application without insisting on no objection certificate. 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 this case, the application has been given to the first respondent. It is stated that the competent authority to consider the application is the second respondent. 8. In view of the above, petitioner is directed to give appropriate application to the second respondent along with a copy of this order. On receipt of the application along with a copy of this order, the second respondent is directed to proceed with the application submitted by the petitioner without insisting on no objecting certificate from the Tamil Nadu Housing Board subject to condition that the property will be developed only for residential purpose. The petitioner, however, is directed to submit the sale deed to the competent authority to get planning permission. The Writ Petition is ordered as above. No costs. Sd/ Deputy Registrar /true copy/ Sub Asst.Registrar ts To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003. https://hcservices.ecourts.gov.in/hcservices/ 2.The Member Secretary, Chennai Metropolitan Development Authority, No.1,Gandhi-Irwin Road, Egmore, Chennai 600 008. 3.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai-600 035. +1cc to Mr.M.Vembadiyan, Advocate Sr 14355 +1cc to Mr.A.Vijayakumar, Advocate Sr 14959 +1cc to Mr.C.Kathiravan, Advocate Sr 14940 TS(CO) km/10.3. W.P.No.4706 of 2011 https://hcservices.ecourts.gov.in/hcservices/