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2025 DAILYLAW 15705 (MAD)

S.R.PERUMAL v. THE SECRETARY TO GOVERNMENT

WP/2622/2025 · 2025-01-29

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.2622 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.01.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.2622 of 2025 S.R.Perumal ... Petitioner Vs. 1.The Secretary To Government Housing And Urban Development Department, Government Of Tamilnadu, Secretariat, Chennai-600 009 2.The Managing Director Tamilnadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035 3.The Executive Engineer And Administrative Officer, K.K.Nagar Division, Tamilnadu Housing Board, C-48, T.N.H.B.Commercial Complex, Anna Nagar, 2nd Avenue Chennai-600 040 4.The Special Tahsildhar Tamilnadu Housing Board, K.K.Nagar, Division, Chennai 5.The Tahsildar Maduravoyal Taluk, Nolambur, Chennai District ...Respondents 1/5 https://www.mhc.tn.gov.in/judis W.P.No.2622 of 2025 Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 5th respondent to consider and pass order on the petitioner's online application dated 3.12.2024 for issuance of Patta to the land measuring 653 sq.ft on the western side of Plot No.1, comprised in Old S.No.102/2, New S.No.102/2A1 situated at 5th Street, Alagamman Nagar, Nerukundaram village, Maduravoyal Taluk, Chennai District and House thereon lying within the Registration District of Chennai south and Sub Registration District of Virugambakkam. For Petitioner : M/s.A.Ilayaperumal For Respondents : M/s.A.Selvendran, Spl.GP, for R.1, R.4 & R.5. O R D E R Since the petitioner's online application dated 03.12.2024, seeking the issuance of a patta with reference to the land comprised in Plot No.1 in Old S.No.102/2, New S.No.102/2A1 situated at 5th Street, Alagamman Nagar, Nerukundaram Village, Maduravoyal Taluk, Chennai District has not been considered by the 5th respondent on the ground of non production of NOC from the 1st respondent, the petitioner is before this Court. 2/5 https://www.mhc.tn.gov.in/judis W.P.No.2622 of 2025 2. The petitioner's contention is that earlier as per the directions issued by this Court in W.P.Nos.8633 to 8636 of 2020 dated 31.07.2020, the 5th respondent had issued patta to the similarly placed persons without insisting on the production of NOC from the Housing Board. Therefore, there is no impediment for the 5th respondent to issue patta in the name of the petitioner. However, the patta has not been issued by the 5th respondent to date. Therefore, the petitioner is before this Court. 3. Heard the learned counsel for the petitioners and the learned Spl.GP accepting notice for the respondents 1, 4 and 5. 4. It is seen that as per the directions issued by this Court in W.P.Nos.8633 to 8636 of 2020 dated 31.07.2020, the 5th respondent had earlier issued patta to the similarly placed person. Therefore, in the light of the above, this petitioner is also entitled to the similar relief and the same order shall be passed in the case of the present writ petitioner. 5. Accordingly, the Writ is allowed. A mandamus is issued to the 5th respondent to consider the petitioner's representation dated 10.12.2024 for issuance of patta in respect of the subject property after issuing notice to all the interest parties and pattadars, hearing their objections and thereafter 3/5 https://www.mhc.tn.gov.in/judis W.P.No.2622 of 2025 pass orders. In case of a rejection a speaking order shall be passed. The 5th respondent shall not insist the petitioner to produce “No Objection Certificate” from the 1st respondent. The said exercise shall be completed within a period of 3 months from the date of receipt of a copy of this order. There shall be no order as to costs. 29.01.2025 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No To 1.The Secretary To Government Housing And Urban Development Department, Government Of Tamilnadu, Secretariat, Chennai-600 009 2.The Managing Director Tamilnadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035 3.The Executive Engineer And Administrative Officer, K.K.Nagar Division, Tamilnadu Housing Board, C-48, T.N.H.B.Commercial Complex, Anna Nagar, 2nd Avenue Chennai-600 040 4.The Special Tahsildhar Tamilnadu Housing Board, K.K.Nagar, Division, Chennai 5.The Tahsildar Maduravoyal Taluk, Nolambur, Chennai District 4/5 https://www.mhc.tn.gov.in/judis W.P.No.2622 of 2025 P.T. ASHA . J., (shr) W.P.No.2622 of 2025 29.01.2025 (3/5) 5/5 https://www.mhc.tn.gov.in/judis