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2026 DAILYLAW 9221 (MAD)

M.H Mohideen Bhava v. The Tamil nadu Housing Board

WP/14472/2026 · 2026-04-15

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 14472 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 14472 of 2026 and W.M.P.Nos. 15692 and 15695 of 2026 M.H.Mohideen Bhava ...Petitioner Vs 1. The Tamil Nadu Housing Board Represented by its Managing Director, No 11/5 C.I.T. 1st main road, C.I.T. Nagar West, Chennai-600 035. 2. The Executive Engineer K.K.Nagar Division, Tamil Nadu Housing Board, 2nd Floor, Wood Working Unit Division, Housing Board Shopping complex, Anna Nagar West, Chennai-600 101. 3. The Tahsildar Office of Tahsildar, No.35 HF + 46W, Nolambur, Ambatture Industrial Estate, Chennai-600 107. ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, to call for the records of the 1st respondent dated 10.02.2026 vide his letter No. Land Acquisition 3 (4) / 20525 / 2025 by rejecting the claim of the petitioner for https://www.mhc.tn.gov.in/judis WP No. 14472 of 2026 __________ Page2 of 6 issuance of NOC pertaining to the property situated at No.101, Valasaravakkam Village, Saidapet Taluk, Chenglapattu District, comprised in Survey Nos.98/1, 98/2, and 99/1 in Valasaravakkam Village, Saidapet Taluk, Chengalpattu District to the extent of 667 sq.ft and quash the same and consequently, direct the 1st respondent to issue NOC to the petitioner for the aforesaid property in the application dated 29.05.2025. For Petitioner(s) : Mr.G.V.Sridharan For Respondent(s) : Mr.A.M.Ravindranath Jeyapal for TNHB for R1 and R2 Mr.S.Rajesh, Government Advocate for R3 O R D E R This Writ Petition has been filed challenging the impugned order of the 1st respondent dated 10.02.2026 rejecting the claim of the petitioner for issuance of No Objection Certificate on the basis of the report of the Executive Engineer and Special Tahsildar (Land Acquisition). 2. The case of the petitioner is that he is the owner of the property bearing Plot No.3 in Kamaraj Avenue, admeasuring an extent of 2400 sq.ft. comprised in part of Survey Nos.98/1, 98/2 and 99/1 situated in No.101, Valasaravakkam Village, Saidapet Taluk, Chingleput District, described in the Schedule to the Sale Deed dated 27.02.1990. When the petitioner applied for patta, the 3rd respondent issued online patta only for an extent of 1733 sq.ft., by omitting to an extent of 667 sq.ft. When the petitioner approached the 3rd respondent in person, the 3rd respondent informed that the remaining extent of 667 sq.ft., is https://www.mhc.tn.gov.in/judis WP No. 14472 of 2026 __________ Page3 of 6 coming under Land Acquisition proceedings with the respondents 1 and 2. Hence, the petitioner made a representation to the 1st respondent on 29.05.2025 to issue No Objection Certificate for the remaining extent of 667 sq.ft., but, the petitioner has not received any reply from the 1st respondent. Hence, the petitioner has filed W.P.No.36303 of 2025 before this Court to direct the first respondent to issue NOC to the petitioner pertaining to the subject property by considering the petitioner’s representation dated 29.05.2025 and it was disposed of on 22.09.2025 directing the first respondent to consider the petitioner’s representation dated 29.05.2025 on merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of the order. After a lapse of nearly five months, on 13.01.2026, the first respondent called the petitioner for hearing to be held on 23.01.2026 in the office of the first respondent. On 23.01.2026, the petitioner appeared and produced all the documents pertaining to the subject property. However, the first respondent has rejected the claim of the petitioner for issuing NOC on the basis of the report of the Executive Engineer and Special Thasildar. Hence, the present writ petition. 3. The learned counsel for the petitioner submits that the 1st respondent has not produced any document to show that the properties comprised in S.Nos.98/1 and 98/2 and 99/1 have been classified in the Revenue Records as the lands belong to Tamil Nadu Housing Board and the 1st respondent, while https://www.mhc.tn.gov.in/judis WP No. 14472 of 2026 __________ Page4 of 6 rejecting the petitioner's claim for NOC, has not given any valid reasons and simply rejected the same on the report submitted by the Executive Engineer and Special Tahsildar (Land Acquisition). 4. 4. The learned counsel appearing for the respondents 1 and 2 submits that in pursuant to the land acquisition proceedings, award amount was deposited, however, possession was not taken, for which, Two Member Committee was appointed vide G.O.Ms.No.10 dated 23.01.2025 for releasing the amount. The Two Member Committee has not taken any action and thereby, the representation of the petitioner was rejected and hence, the decision of the Two Member Committee will be obtained and appropriate orders will be passed as expeditiously as possible, as per the directions issued by this Court. 5. The undisputed fact remains that the land admeasuring to an extent of 667 Sq.Ft. out of the total extent of 2400 Sq.Ft. belonging to the petitioner was acquired under land acquisition proceedings and admittedly, possession of the land was not taken over by the authorities. According to the petitioner, the aforesaid land of 667 Sq.Ft., has not been utilised for any public purpose, for which, it was acquired. It is also seen that a Two Member Committee was appointed vide G.O.Ms.No.10 dated 23.01.2025 for release of the amount. In such circumstances, this Court is inclined to set aside the impugned order of the 1st respondent dated 10.02.2026. https://www.mhc.tn.gov.in/judis WP No. 14472 of 2026 __________ Page5 of 6 6. Accordingly, this Writ Petition stands allowed and the impugned order of the 1st respondent dated 10.02.2026 is set aside. The respondents are directed to obtain the decision of the Two Member Committee and pass appropriate orders on or before 30.06.2026. No costs. Connected miscellaneous petitions are closed. 15-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssb To 1.The Tamil Nadu Housing Board Represented by its Managing Director, No 11/5 C.I.T. 1st main road, C.I.T. Nagar West, Chennai-600 035. 2. The Executive Engineer K.K.Nagar Division, Tamil Nadu Housing Board, 2nd Floor, Wood Working Unit Division, Housing Board Shopping complex, Anna Nagar West, Chennai-600 101. 3.The Tahsildar Office of Tahsildar, No.35, HF + 46W, Nolambur, Ambatture Industrial Estate, Chennai-600 107. https://www.mhc.tn.gov.in/judis WP No. 14472 of 2026 __________ Page6 of 6 M.DHANDAPANI J. ssb WP No. 14472 of 2026 and W.M.P.Nos.15692 and 15695 of 2026 15-04-2026 https://www.mhc.tn.gov.in/judis