IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 18.1.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.670 of 2011 1.K.S.Kalyanasundaram, 2.V.Chandra, 3.M.Bhaskar also called as M.Bhaskaraiah, 4.Mrs.R.Dhanalakshmi, 5.S.Ramanathan, 6.M.Arumugam, 7.M.Natarajan, 8.Mrs.Lakshmi Radhakrishnan, (Petitioners are represented by their Power of Attorney M.John and N.Devanand Directors M/s.JD Constructions & Promoters Private Limited, No.103, First Floor (Rear), Dr.Lakshmanaswamy Road, K.K.Nagar, Chennai-600 078). ... Petitioners vs. 1.Chennai Metropolitan Development Authority, represented by its Member Secretary, No.1, Gandhi-Irwin Road, Egmore, Chennai 600 008. 2.Corporation of Chennai, represented by its Commissioner, Ripon Building, Chennai-600 003. 3.The Tamil Nadu Housing Board, represented by its Managing Director/ Chairman, Nandanam, Chennai-600 035. ... Respondents https://hcservices.ecourts.gov.in/hcservices/ Writ Petition is filed under Article 226 of the Constitution of India praying to issue 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 permission to construct residential flats in the property situated at Block No.97A to F, Sowbagya Colony, Anna Main Road (Ashok Pillar Salai), K.K. Nagar, Chennai 600 078 comprised in S.No.394/1 (part) in Kodambakkam Village, Mambalam-Guindy Taluk, Chennai District without insisting or 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.J.Ravindran, for R1 : Mrs.R.K.Kalpana, 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 respondents 1 and 2 to receive, consider, process and approve the petitioners' application for demolition and reconstruction by issuing planning permission to construct residential flats in the property situated at Block No.97A to F, Sowbagya Colony, Anna Main Road (Ashok Pillar Salai), K.K. Nagar, Chennai 600 078 comprised in S.No.394/1 (part) in Kodambakkam Village, Mambalam-Guindy Taluk, Chennai District without insisting or 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. 2. Mr.J.Ravindran, learned counsel takes notice on behalf of the first respondent; Mrs.R.K.Kalpana, 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. 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 https://hcservices.ecourts.gov.in/hcservices/ 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 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 third 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. ts https://hcservices.ecourts.gov.in/hcservices/ To 1.The Member Secretary, Chennai Metropolitan Development Authority, No.1,Gandhi Irwin Road, Egmore, Chennai 600 008. 2.The Commissioner, Chennai Corporation, Rippon Building, Chennai-600 003. 3.The Managing Director/Chairman, Tamil Nadu Housing Board, Nandanam, Chennai-600 035. 1 cc to Mr.A. Vijayakumar, Advocate, Sr. 3996 1 cc to MS.R,.K. Kalpana, Advocate, Sr. 3177 1 cc to Mr.R. Mohan Advocate, sr. 3358 1 cc to Mr.J. Ravindran, Advocate, Sr. 3432 W.P.No.670 of 2011 BKY (CO) kk 27/1 https://hcservices.ecourts.gov.in/hcservices/