Madras High Court
Tamil Nadu Housing Board vs P.Valli on 10 July, 2023
W.A. Nos.249 to 259 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 10.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A. Nos.249 to 259 of 2014
and MP.Nos.1, 1, 1, 1, 1, 1, 1, 1, 1, 1 & 1 of 2014
Tamil Nadu Housing Board,
Rep. by the Chairman-cum-Managing Director,
No.493, Anna Salai,
Nandanam,
Chennai 600 035. .. Appellant in WA.No.249 of 2014
Vs.
1. P.Valli
2. The Special Tahsildar,
Land Acquisition,
Housing Scheme,
Hosur, Krishnagiri District.
.. Respondents in WA.No.249 of 2014
Common Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 06.01.2009 made in WP.No.29892, 29893, 29894,
29896 of 2008 and order dated 27.01.2009 made in 1361, 1362, 1364,
1365, 1366, 1367, 1368 of 2009 passed by the learned Single Judge of this
Court.
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W.A. Nos.249 to 259 of 2014
For appellant : Mrs.C.Shyamala
For respondents
for R1 : Mr.R.Bharathkumar
for R2 : Mrs.Geetha Thamaraiselvan, Spl.G.P.
COMMON JUDGMENT
(The Judgment of the Court was delivered by D.KRISHNAKUMAR, J)
These Writ Appeals have been preferred against the order passed by
the Writ Court dated 06.01.2009 and 27.01.2009, wherein a direction was
issued for issuance of No Objection certificate (NOC) to the first respondent.
2. The learned Standing Counsel appearing for the appellant Housing
Board, would submit that the Writ Petitioner/first respondent is only a
subsequent purchaser and therefore, they have no locus standi to issue
No Objection certificate in favour of the first respondent.
3. The learned counsel appearing for the first respondent by relying
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W.A. Nos.249 to 259 of 2014
upon the judgment of the Division Bench of this Court in Writ Appeal
No.1811 of 2007, dated 18.10.2011, submitted that when a similar matter
came up before this Court for consideration, this Court, after hearing both
sides dismissed the appeal with a direction to the appellant Housing Board
to issue No Objection Certificate to the first respondent. Therefore,
according to the petitioner, the order of the Writ Court in granting NOC is
perfectly right, which warrants no interference of this Court.
4. On a perusal of the order passed by the Division Bench of this
Court in W.A.No.1811 of 2011, it is seen that the original owners of the
lands filed Writ Petitions in WP.Nos.16881 and 16882 of 1994 and the
same was allowed on 20.04.2001 quashing the acquisition proceedings. The
appeals filed against the same were rejected in SR stage itself. Therefore, the
order passed by the learned Single Judge has become final. Subsequent to
the quashing of the land acquisition proceedings, the Housing Board has to
issue No Objection Certificate to the first respondent.
5. It is clear that the entire land acquisition proceedings were
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W.A. Nos.249 to 259 of 2014
challenged before the Writ Court and the same was allowed by quashing the
acquisition proceedings. Since the acquisition proceedings itself is quashed,
the subsequent purchaser is also entitled for granting No Objection
Certificate. Therefore, we are not inclined to interfere with the order passed
by the Writ Court. Hence, these Writ Appeals fail and the same are
dismissed. No costs. Consequently, connected miscellaneous petitions are
closed.
[D.K.K., J] [P.B.B., J.]
10.07.2023
Speaking order: Yes/No
Index : Yes/No
pvs
To
The Special Tahsildar,
Land Acquisition,
Housing Scheme,
Hosur, Krishnagiri District.
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W.A. Nos.249 to 259 of 2014
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
pvs
W.A. Nos.249 to 259 of 2014
10.07.2023
https://www.mhc.tn.gov.in/judis
