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Judgment
R. Sudhakar, J.—Writ Petition is filed praying to issue a Writ of Mandamus, directing the Respondents 1 and 2 to entertain, consider and
grant approval to the demolition plan, planning permission, building permit for developing the land at Flat Nos. 1 to 4, Old Door No. 39, New
Door No. 59, Plot No. 59, Block No. 39, Vaigai Colony, 11th Avenue, Ashok Nagar, Chennai-600 083, Block No. 71 of Kodambakkam
Village, Mambalam Guindy Taluk, Chennai in Survey No. 14, about 3 Grounds and 605 Square Feet for putting up a residential building without
insisting upon the No Objection Certificate from the third Respondent or any other Authority, so long as the proposed new construction activities is
in accordance with the Development Control Rules.
Mr. C. Kathiravan, learned Counsel takes notice on behalf of the first Respondent; Mr. V. Bharathidasan, 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.
Petitioners are subsequent purchasers from the original allottees of flat of Tamil Nadu Housing Board. An Orientation Sketch has been issued in
favour of the Petitioners on 11.1.2010 by the Executive Engineer, K.K. Nagar Division, Tamil Nadu Housing Board. Based on this, Petitioners
claim that they should be given the benefit of approval for demolition plan, planning permission and building permit without insisting no objection
certificate from the Housing Board.
Considering the similar issue, this Court by order dated 18.1.2011 in W.P. No. 670 of 2011 passed the following order:
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.
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.
In view of the order passed in W.P. No. 670 of 2011, 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 and
other relevant documents to the competent authority to get planning permission expeditiously.
The Writ Petition is ordered as above. No costs. Consequently, connected miscellaneous petition is closed.