IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 30.06.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.15677 of 2011 1 DR.S.VADIVEL 2. K.SREEJITH 3. R.SURESH 4. K.M.SAM KUTTY 5. HONEY SAM KUTTY 6. J.RAMESH KUMAR 7. T.KAMESWARAN 8. M.VELU 9. AROKIA PETER 10. NAGARAJAN 11. VIMALA 12. J.POULINE 13. K.DAVID THANGARAJ 14. V.BALAKRISHNAN 15. A.PAULRAJ 16. A.R.ALAMELU 17. R.LAKSHMI 18. ALLIRANI THIYAGARAJAN 19. K.SUMATHI 20. RENUGA MURALIDHARAN 21. R.S.SAMPATH 22. RAJASEKARAN NAIR 23. G.KUYELAN 24. D.GAJENDRAN 25. DR.P.MURUGAN 26. W.REGINA (Petitioners 1 to 26 are rep. by their Power of Attorneys M.John and N.Devanand, Directors M/s.JD Constructions & Promoters P.Ltd.) ... Petitioners - Vs - 1 CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY, rep. By ITS MEMBER SECRETARY, NO.1 GANDHI IRWIN ROAD, EGMORE, CHENNAI - 8 https://hcservices.ecourts.gov.in/hcservices/ 2 THE TAMILNADU HOUSING BOARD REP BY ITS MANAGING DIRECTOR/ CHAIRMAN 493 ANNA SALAI NANDANAM CHENNAI 35 ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to receive consider, process and approve the petitioners application for demolition and reconstruction by issuing planning permission to construct a residential special building in the property situated at Block Nos. A1 B1 C1 and D1 at HIG Goodwill Apartments Dr. J.J. Nagar West Mogappair Chennai 37 comprised in S. Nos. 442 (part) in Mogappair Village, Ambattur Taluk, Thiruvallur District within the registration district of Chennai North and Sub Registration District of Konnur without insisting on production of No Objection Certificate from the 2nd respondent or any other authorities concerned and to accord sanction for the same in accordance with law. For petitioners : Mr.R.Mohan For respondents : M/s.V.M.Velumani, Spl.G.P. O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the 1st respondent to receive, consider process and approve the petitioners application for demolition and reconstruction by issuing planning permission to construct a residential special building in the property situated at Block Nos. A1 B1 C1 and D1 at HIG Goodwill Apartments Dr. J.J. Nagar West Mogappair Chennai 37 comprised in S. Nos. 442 (part) in Mogappair Village Ambattur Taluk Thiruvallur District within the registration district of Chennai North and Sub Registration District of Konnur without insisting on production of No Objection Certificate from the 2nd respondent or any other authorities concerned and to accord sanction for the same in accordance with law. 2. Ms.V.M.Velumani, learned Special Government Pleader takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal. 3. Petitioners are owners of the property which was originally developed by Tamil Nadu Housing Board and sold to the individuals. The present owners are either original allottees or subsequent purchasers. 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 petitioners that no objection certificate issued by the Tamil Nadu Housing Board should be submitted along with the application for the purpose of https://hcservices.ecourts.gov.in/hcservices/ 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 petitioners have enclosed sale deeds to show absolute ownership. The only restriction appears to be that the property developed for residential purpose should not be commercial use. The petitioners' plea is only for demolition and reconstruction as residential property. 5. Petitioners' counsel states that the development of the property is for residential use only and petitioners are 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 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 second 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. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar smi/ts https://hcservices.ecourts.gov.in/hcservices/ To 1 The MEMBER- SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY NO.1 GANDHI-IRWIN RD, EGMORE, CHENNAI-8. 2 THE MANAGING DIRECTOR/CHAIRMAN, TAMIL NADU HOUSING BOARD 493, ANNA SALAI, NANDANAM, CHENNAI-35. 1 cc to Government Pleader, Sr.No.38687 1 cc to Mr.R.Mohan, Advocate, Sr.No.28054 W.P.No.15677 of 2011 PKB {CO} TP/13.7.2011. https://hcservices.ecourts.gov.in/hcservices/