Mrs. Rajammal vs The Commissioner
2021 Latest Caselaw 20199 Mad

Citation : 2021 Latest Caselaw 20199 Mad
Judgement Date : 1 October, 2021

Madras High Court

Mrs. Rajammal vs The Commissioner on 1 October, 2021

W.P.No. 18628 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021

CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

WP No.18628 of 2021

Mrs. Rajammal
... Petitioner

-Vs-
1. The Commissioner
Greater Chennai Corporation,
Ripon Building, Chennai.

2. The Zonal Officer,
Valasaravakkam,
Greater Chennai Corporation.

3. The Tamil Nadu Housing Board
Rep. by its Managing Director
Nandanam Chennai- 600 035.
... Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the 1st and
2nd respondent to consider the representation dated 09.01.2021 process
and accord planning permission for the proposed constructions at the
above plot/ house i.e. plot measuring 1830 Sq.Ft. situated in survey

1/8

https://www.mhc.tn.gov.in/judis/
W.P.No. 18628 of 2021

No.14 Porur Village Chennai- 600 116, expeditiously in accordance with
law without insisting for production of No Objection Certificate from the
3rd Respondent.

For Petitioners : Mr. S.Selvakumar

For Respondents : Mr.P.T.Ramadevi
Standing counsel for R1 and R2
Mr. R.Shiva Kumar
Standing counsel for R3

ORDER

This writ petition has been filed for the issue of writ of

Mandamus directing the respondents 1 and 2 to consider the

representation made by the petitioner on 09.01.2021, wherein the

petitioner is seeking for planning permission for the proposed

construction and the petitioner has requested the respondents 1 and 2

not to insist for no objection certificate from the 3rd respondent.

2. Heard learned counsel for the petitioner and learned counsel

appearing on behalf of the respondents.

https://www.mhc.tn.gov.in/judis/ W.P.No. 18628 of 2021

3. The issue involved in the present case is squarely covered by

the earlier order passed by this Court in WP No.25771 of 2011 dated

03.02.2012. The relevant portions in the order are extracted hereunder

2. The only grievance of the petitioner is

that the first and second respondents cannot insist the

petitioner to produce the No Objection Certificate from

the third respondent as a condition precedent for

granting planning permission. In this context, the

learned counsel for the petitioner relied on the order

dated 03.11.2008 passed by this Court in WP No. 25786

of 2008 wherein this Court issued directions to the

respondents 1 and 2 herein to process the planning

permission application of the petitioner without insisting

No Objection Certificate from the Housing Board. The

learned counsel for the petitioner also brought to the

notice of this Court the order dated 24.06.2011 passed

https://www.mhc.tn.gov.in/judis/ W.P.No. 18628 of 2021

by this Court in WP No. 12906 of 2011 in respect of the

adjacent property of the petitioner namely Plot No.13,

7th Main Road, Lakshmi Nagar Extension, Porur, Chennai.

In and by the said order dated 24.06.2011, direction was

issued by this Court to the respondents 1 and 2 to

process the application of the petitioner without

insisting No Objection Certificate from the Housing

Board. The learned counsel for the petitioner also

brought to the notice of this Court the judgment of the

Division Bench of this Court made in W.A.No. 1462 of

2010 dated 19.10.2011 in an identical matter, wherein,

the Division Bench, in para Nos. 9, 10 and 11 of the

judgment, held as follows:-

"9. In our opinion, in this writ appeal, we are not called upon to decide as to the validity of the land acquisition proceedings. The writ petition relates to the grievance of the petitioenrs that their application for planning permission was not considered on the ground that they have to produce 'No Objection Certificate' from Tamil Nadu Housing Board. This Court, on an earlier occasion in WP No. 36111 of 2005, keeping in view the limited relief sought for by similar petitioners,

https://www.mhc.tn.gov.in/judis/ W.P.No. 18628 of 2021

ordered that No Objection Certificate was not necessary for the purpose of consideration of the planning permit. The said order has been confirmed by the Apex Court.

10. In that view of the matter, direction given in the writ petition to the authorities to consider and pass orders on the application for approval of planning permission without 'No Objection Certificate' requires no interference. Accordingly, the writ appeal is dismissed. No costs. Consequently, M.P. No.1/2010 is also dismissed.

11. However, we make it clear that we are not deciding the question whether the acquisition proceedings were challenged and the notification relating to the subject case was set aside or not, except observing that the planning permission if granted by the Villivakkam Town Panchayat shall be made without prejudice to the rights of the Tamil Nadu Housing Board over the property on the basis of the acquisition proceeding."

3. It is evident from the judgment passed by the

Division Bench of this Court, mentioned supra, that the

Housing Board is at liberty to initiate acquisition

proceedings and the directions given to the planning

authorities for issuing planning permission is without

prejudice to the rights of the Tamil Nadu Housing Board.

Therefore, in the light of the decisions of this Court,

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mentioned supra, it is suffice to direct the respondents 1

and 2 to consider the application of the petitioner

without insisting No Objection Certificate from the third

respondent. Accordingly, the respondents 1 and 2 are

directed to consider the application of the petitioner

without insisting No Objection Certificate from the third

respondent and pass orders on merits and in accordance

with law, if the application submitted by the petitioner

is otherwise in order.

4. The above order pertained to the very same subject property