JUDGMENT :

(Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent herein to issue a public building certificate under Form D as envisaged under Section 6 of the Tamil Nadu Public Building (Licensing) Act, 1963 to the petitioner institution without insisting the NOC from TNHB.

1. The relief sought for in the present writ petition is to direct the respondent herein to issue a public building certificate under Form D as envisaged under Section 6 of the Tamil Nadu Public Building (Licensing) Act, 1963 to the petitioner institution without insisting the NOC from TNHB.

2. The petitioner states that the petitioner is Matriculation School and they are complying with the norms and conditions stipulated by the Education Department. Under the provisions of the Tamil Nadu Public Building (Licensing) Act, 1963, the structural soundness of the buildings are to be certified by the approved Panel of Engineers, so as to confirm the structural soundness of the buildings. The petitioner made an application and the Authority Competent insisted for 'No Objection Certificate' (NOC) to purchase from the Tamil Nadu Housing Board. Thus, the petitioner is constrained to move the present writ petition.

3. The respondent-Tahsildar filed counter-affidavit stating that perusal of the revenue records reveal that the land in Survey No.226/1 of Ramapuram Village in which the PRS Matriculation School (petitioner) is functioning stands in the name of the Tamil Nadu Housing Board (TNHB). Therefore, the petitioner has to get necessary NOC from TNHB and without verifying the title of the property, 'Form D' is not relevant to take further action. Accordingly, the petitioner was asked to produce necessary NOC from the TNHB in proceedings dated 18.09.2015.

4. It is further contended that the title of the property in which the acquisition building is not in the name of the petitioner and is in the name of the Correspondent. The title vested with the TNHB. Thus, the dispute regarding the ownership/title of the property, is to be adjudicated between the parties. If at all the petitioner claims that they are the owners, then it is to be established by producing the relevant documents and evidences.

5. As per the revenue records, the property stands in the name of the TNHB. Under these circumstances, the respondent is right in not considering the application submitted by the petitioner.

6. Curiously the petitioner has not even impleaded the TNHB in this writ petition for the reasons best known to the petitioner. Therefore, this Court is of an opinion that this order must be communicated to the Tamil Nadu Housing Board, in view of the fact that the petitioner is availing ownership and contrarily, the Tahsildar says that the ownership stands in the name of TNHB. Accordingly, the Registry is directed to communicate the copy of this order to the Managing Director, Tamil Nadu Housing Board, Anna Salai, Nandanam, Chennai-600 035.

7. In view of the fact that the petitioner has not established any right for the grant of relief, as such, sought for in the present writ petition.

8. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.