Madras High Court
K.Lakshmipathy vs The Managing Director on 20 July, 2023
W.A.No.3689 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2023
CORAM :
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.3689 of 2019
K.Raghupathy (Died)
1. K.Lakshmipathy
2. K.Chitralega
3. K.Vijayasankar
4. K.Subiksha
5. R.Rajamani
6. R.Subash Chandar
7. R.Indu Priyadharshini
(Cause title accepted vide order of Court
dt. 7.9.18 in CMP.15585/18 in
WA.SR.28564/16) .. Appellants
v.
1. The Managing Director
Tamil Nadu Housing Board
Nandanam
Chennai 600 035
2. The Executive Engineer and
Administration Officer
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W.A.No.3689 of 2019
Coimbatore Housing Unit
Tatabad
Coimbatore 641 012
3. The Special Tahsildhar
Land Acquisition (Housing Scheme No.II)
Coimbatore .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 18.12.2015 made in W.P.No.10043 of 2014.
For Appellants :: Mrs.M.Shirijha
For Respondents :: Mrs.C.Shyaamala
Standing Counsel for R1 & R2
Mr.U.M.Ravichandran
Special Government Pleader for R3
JUDGMENT
(Judgment of the Court was made by D.KRISHNAKUMAR,J.)
This intra-Court appeal has been preferred by the appellants
aggrieved by the order dated 18.12.2015 passed in Writ Petition No.10043
of 2014.
2. Heard both sides.
3. It is the case of the appellants that the land comprised in
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W.A.No.3689 of 2019
S.F.No.267/5 to an extent of 1.18.0 hectares and the land comprised in
S.F.No.268/3 to an extent of 0.99.0 hectares of Vilankurichi Village,
Coimbatore Taluk, were subjected to land acquisition proceedings for
construction of houses under the Ganapathy Neighbourhood Scheme
Phase-II by the Tamil Nadu Housing Board by issuance of a notification
under Section 4(1) of the Land Acquisition Act, 1894 on 07.05.1995,
followed by a declaration under Section 6 on 17.06.1996, by the
respondents. The said acquisition proceedings were challenged by
Tmt.K.Savithiriammal in Writ Petition No.18730 of 1996, on the ground
that the notification under Section 4(1) and the declaration under Section 6
were issued in the name of her father Mr.Thiruvenkatasamy, who died way
back on 06.03.1987. By order dated 07.02.2004, the said writ petition came
to be allowed by quashing the declaration issued under Section 6.
Therefore, Tmt.K.Savithiriammal filed the intra-Court appeal in
W.A.No.2105 of 2004 seeking to quash the entire acquisition proceedings.
The said appeal was also allowed by order dated 17.06.2006 with liberty to
the respondents to initiate fresh proceedings in accordance with law. On the
strength of the said order, Tmt.K.Savithiriammal made a representation on
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W.A.No.3689 of 2019
20.07.2007 to the respondent-Housing Board requesting for 'No Objection
Certificate' regarding the property in S.F.Nos.267/5 and 268/3 of
Vilankurichi Village, Coimbatore Taluk. As no order was passed on her
representation, she filed the Writ Petition No.30785 of 2007 seeking a
mandamus to the respondents to consider and pass orders on the same. By
order dated 21.09.2007, this Court disposed of the said writ petition by
directing the respondents to pass orders as per law within a period of sixteen
weeks from the date of receipt of a copy of the order. However, by
proceedings dated 13.09.2010, the respondent-Housing Board informed
Tmt.K.Savithiriammal that they intend to file a review petition against the
order dated 17.06.2006 passed in W.A.No.2105 of 2004. Therefore, she
once again filed the Writ Petition No.21525 of 2011 seeking to quash the
proceedings dated 13.09.2010 and this Court, by order dated 29.10.2011, set
aside the same and directed the respondents to pass appropriate orders
within a period of two weeks from the said date. Based on the said order,
she again made a representation on 09.12.2011 requesting for 'No Objection
Certificate' regarding the aforesaid property. Citing a reason vide the memo
dated 14.12.2012 that the Writ Petition No.16612 of 2004 in respect of the
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W.A.No.3689 of 2019
land acquisition regarding S.No.268/3 of Vilankurichi village was pending
before this Court, the claim of Tmt.K.Savithiriammal was not considered by
the respondents. In the meanwhile, since Tmt.K.Savithiriammal died on
13.09.2012, her legal representatives, namely, two sons, daughter-in-law
and two grand children pursued the matter before the respondents stating
that the said writ petition was also allowed by this Court by order dated
13.03.2013. According to the appellants, the land acquisition proceedings
stood quashed in respect of the entire extent comprised in S.Nos.267/5 and
268/3 with the liberty as mentioned already and the said order has become
final. Thereafter, another representation dated 15.09.2013 was submitted
by one of the legal heirs of Tmt.K.Savithiriammal to the respondent
Housing Board seeking for issuance of 'No Objection Certificate' in respect
of the aforesaid property. As there was no response, Writ Petition
No.10043 of 2014 was filed before this Court seeking a mandamus to the
respondents to issue the 'No Objection Certificate' in favour of the writ
petitioners in respect of the aforesaid property. By order dated 18.12.2015,
the writ Court has dismissed the writ petition on the ground that the writ
petitioners have not produced any document showing that they are in
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W.A.No.3689 of 2019
possession and the subject lands have been utilized by the respondent
Housing Board for the purpose of neighbourhood scheme. Hence, this
appeal.
4. A counter affidavit dated 20.06.2023 has been filed by the second
respondent taking a stand that the possession of the land is yet to be handed
over by the Special Tahsildar, Land Acquisition to the Tamil Nadu Housing
Board. It is also stated that Tmt.Savithiriammal had successfully obtained
orders in her favour and the SLP filed against the order dated 17.06.2006
passed in W.A.No.2105 of 2004 was also dismissed by the Supreme Court
vide order dated 01.08.2014.
5. Though the writ Court has dismissed the writ petition observing
that the writ petitioners have not produced any document, the appellants
have filed the legal heirship certificate dated 26.12.2012 before this Court to
show that they are the legal heirs of the deceased Tmt.K.Savithiriammal.
However, at this stage, we are not inclined to go into the issue whether the
appellants are entitled to the grant of patta, which will have to be decided by
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W.A.No.3689 of 2019
the revenue authorities independently, since we are now dealing with the
request for issuance of 'No Objection Certificate' by the respondent Housing
Board in this appeal. Prima facie, the appellants have filed the legal heirship
certificate issued by the Tahsildar, Coimbatore South claiming that they are
the legal heirs of the deceased Tmt.K.Savithiriammal. In such
circumstances, the respondent Housing Board cannot have any objection or
right to reject their application. Further, there is no acquisition proceedings
pending in respect of the subject lands, in the light of the orders passed by
this Court allowing the writ petitions filed by Tmt.K.Savithiriammal, and
knowing the said fact, the Housing Board has not chosen to pass orders for
issuing the 'No Objection Certificate' to the appellants. This attitude of the
Housing Board for delaying or not furnishing the 'No Objection Certificate'
to the appellants, even after the orders of this Court have attained finality, is
highly deprecated. In such circumstances, finding merits on the submissions
made by the learned counsel appearing for the appellants, taking a serious
view on the conduct of the respondent Housing Board in not issuing the 'No
Objection Certificate' for more than 10 years, we are inclined to interfere
with the order passed by the writ Court.
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W.A.No.3689 of 2019
6. For all the aforesaid reasons, the order passed by the writ Court is
set aside and the writ appeal stands allowed with a direction to the
respondents 1 & 2 to issue the 'No Objection Certificate' in respect of the
lands in S.F.Nos.257/5 & 268/3 of Vilankurichi Village, Coimbatore Taluk
to the appellants within a period of four weeks from the date of receipt of a
copy of this order. Consequently, C.M.P.No.23466 of 2019 is closed. No
order as to costs.
(D.K.K.,J.) (P.B.B,J.)
Index : yes/no 20.07.2023
Neutral citation : yes/no
ss
To
1. The Managing Director
Tamil Nadu Housing Board
Nandanam
Chennai 600 035
2. The Executive Engineer and
Administrative Officer
Coimbatore Housing Unit
Tatabad, Coimbatore 641 012
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W.A.No.3689 of 2019
3. The Special Tahsildhar
Land Acquisition (Housing Scheme No.II)
Coimbatore
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W.A.No.3689 of 2019
D.KRISHNAKUMAR,J.
AND
P.B.BALAJI,J.
ss
W.A.No.3689 of 2019
20.07.2023
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