Madras High Court
R.Subramanian vs The Corporation Of Chennai on 23 July, 2012
Author: R.Sudhakar
Bench: R.Sudhakar
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 23.7.2012 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.18145 and 18146 of 2012 1.R.Subramanian, 2.R.Sundar, 3.Balaji Balasubramanian, represented by his mother and Power of Attorney S.Jayalakshmi. 4.Dr.K.Balsubramanian, 5.Dr.B.Kannamma. Petitioners 1, 2, 4 and 5 are represented by thier Power Agent, MR.K.Sreenivasa Rao, Director, M/s.Sri Chakra Builders and Developers Pvt. Ltd., having registered office at Old No.65C, New No.38C R.K.Shanmugam Road, K.K. Nagar, Chennai-78. .. Petitioners in W.P.Nos.18145 of 2012 1.S.Iyappan, 2.Mrs.S.R.Vitto Bai Ammal, 3.Smt.A.Nagamani, 4.K.G.Vaidyanathan, 5.Dr.Anita Rajendran. 6.R.Susila, 7.A.G.Balasubramaniam, Petitioners 1 to 7 are represented by their Power Agent, K.Sreenivasa Rao, Director, M/s.Sri Chakra Builders and Developers Pvt. Ltd., having registered office at Old No.65C, New No.38C R.K.Shanmugam Road, K.K. Nagar, Chennai-78. .. Petitioners in W.P.Nos.18146 of 2012 vs. 1.The Corporation of Chennai, represented by its Commissioner, Ripon Building, Chennai-600 003. 2.The Chennai Metropolitan Development Authority, represented by its Member-Secretary, No.1, Gandhi-Irwin Road, Egmore, Chennai 600 008. 3.The Tamil Nadu Housing Board, represented by its Managing Director/Chairman, Nandanam, Chennai-600 035. .. Respondents Writ Petition No.18145 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents to receive, process and consider the application for demolition and reconstruction and for planning permission for the proposed construction at Block No.52, R.K.Shanmugam Salai, K.K.Nagar, Chennai-78 comprised in S.No.419/1A part of Kodambakkam Village, Mambalam-Guindy Taluk, Chennai District of a total extent of 2 grounds and 2200 sq.ft. within the sub-registration district of Ashok Nagar and registration district of Central Chennai, in accordance with law and without insisting on production of No Objection Certificate from the third respondent. Writ Petition No.18146 of 2012 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents to receive, process and consider the application for demolition and reconstruction and for planning permission for the proposed construction at Block No.76, Dr.P.T.Rajan Salai, K.K.Nagar, comprised in S.No.52 part of Kodambakkam Village, Mambalam-Guindy Taluk, to an extent of 3 grounds and 273 sq.ft. within the Registration District of Central Chennai, and Sub-Registration District of Ashok Nagar, in accordance with law and without insisting on production of No Objection Certificate from the third respondent. For petitioners in both W.Ps. : Mr.D.S.Rajasekaran For respondents in both W.Ps. : Mr.V.C.Selvasekaran, for R1 Mr.P.Tamilmani, for R2 Mr.Jayaseelan for R3. ----- COMMON ORDER
Writ Petition No.18145 of 2012 is filed praying to issue a Writ of Mandamus, directing the first and second respondents to receive, process and consider the application for demolition and reconstruction and for planning permission for the proposed construction at Block No.52, R.K.Shanmugam Salai, K.K.Nagar, Chennai-78 comprised in S.No.419/1A part of Kodambakkam Village, Mambalam-Guindy Taluk, Chennai District of a total extent of 2 grounds and 2200 sq.ft. within the sub-registration district of Ashok Nagar and registration district of Central Chennai, in accordance with law and without insisting on production of No Objection Certificate from the third respondent.
2. Writ Petition No.18146 of 2012 is filed praying to issue a Writ of Mandamus, directing the first and second respondents to receive, process and consider the application for demolition and reconstruction and for planning permission for the proposed construction at Block No.76, Dr.P.T.Rajan Salai, K.K.Nagar, comprised in S.No.52 part of Kodambakkam Village, Mambalam-Guindy Taluk, to an extent of 3 grounds and 273 sq.ft. within the Registration District of Central Chennai, and Sub-Registration District of Ashok Nagar, in accordance with law and without insisting on production of No Objection Certificate from the third respondent.
3. Heard Mr.V.C.Selvasekaran, learned counsel appearing for the first respondent, Mr.P.Tamilmani, learned counsel appearing for the second respondent and Mr.Jayaseelan, learned counsel appearing for the third respondent. The relief sought for in both writ petitions is one and the same. By consent, both writ petitions are taken up together for final disposal.
4. 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 and the second respondents orally insisted the petitioners 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.
5. 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.
6. 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.
7. 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.
8. In view of the above, the first respondent Chennai Metropolitan Development Authority 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.
ts To
1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai-600 003.
2.The Member-Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi-Irwin Road, Egmore, Chennai 600 008.
3.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai 600 035