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2012 Supreme(Mad) 358

VINOD K.SHARMA
K. Sivasubramaniam – Appellant
Versus
State of Tamil Nadu, Planing Development & Special Initiatives (S. I. ) Department, Rep, by the Secretary to the Government, Chennai – Respondent


Advocates Appeared:
For the Appearing Parties:Ms. S. Hema Sampath, Senior Counsel for Ms. R. Meenal, Advocates. Mr. R. Ravichandran, Addl. Govt. Pleader, R2, Mr. R. Thyagarajan, Senior Counsel for Mr. V. Ramagadeesan, Ms. S. Hema Sampath, Senior Counsel for Ms. R. Meenal, Mr. R. Ravichandran, Addl.Govt.Pleader, Mr. R. Thyagarajan, Senior Counsel for for Mr. V. Ramagadeesan, Advocates.

Judgment :

1. The petitioners in all these writ petitions have invoked the writ jurisdiction of this Court, with a prayer for issuance of a Writ, in the nature of Certiorari to quash notification dated 06.01.2011. For the sake of brevity, the facts are taken from W.P.No.16582 of 2011.

2. The pleaded case of the petitioners is that the petitioner along with family members, is the owner of land, measuring an extent of 7.62 acres at Nerkundram Village No.83, Ambattur Taluk, Tiruvallur District, comprised in S.Nos.24/2, 25/2B1, 25/2B3, 26/1A, 58, 59, 60 and 61/1 to 3. An attempt was made in the year 1975, by the C.M.D.A., to acquire the lands. The decision was challenged by the petitioner and the acquisition proceedings initiated against the petitioner, were quashed.

3. The case of the petitioner is that, in spite of the fact that the acquisition proceedings had been quashed, the requisite no objection certificate ( for short ' N.O.C.') for planing permission was not issued in favour of the petitioner.

4. The petitioner's challenge to the action of the C.M.D.A., in refusing the grant of NOC, which was also set aside by this Court. The case of the petitioner is that, conditional NOC w





















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