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2021 Supreme(Mad) 2400

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
S.A. Parasuraman – Appellant
Versus
The Chairman, Tamil Nadu Slum Clearance Board, Chennai & Another – Respondents
WP No. 11599 of 2011 & MP No. 1 of 2011
Decided on : 17-11-2021

Advocates:
Advocate Appeared:
For the Appellant :C.K.M. Appaji, Advocate
For the Respondents:S. Prabhu, Advocate.

Headnote:

Constitution of India, 1950 - Article 226 - Writ of Mandamus - No Objection Certificate - Construction of house - Allotment order - Sought to direct respondents to issue 'No Objection Certificate' for construction of house in plot allotted in favour of petitioner through an allotment - Grievance of the petitioner is that 'No Objection Certificate' is yet to be issued in spite of fact that cases in such allotment reached its finality - Held, Being factum, petitioner is directed to submit a fresh representation, setting out all facts and circumstances and by enclosing all the relevant documents along with the order passed in this writ petition, enabling Authorities to consider issues, take a decision and pass appropriate orders on merits and in accordance with law as expeditiously as possible - Writ petition disposed of.

JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to issue No Objection Certificate for the construction of house in plot bearing No.49, IV Street, Ponnuvelpuram, Ayanavaram, Chennai-23 allotted in favour of the petitioner by virtue of allotment order of the Tamil Nadu Slum Clearance Board in CM No.1445/30 A5 dated 04.05.1994.)

The relief sought for in the present writ petition is to direct the respondents to issue 'No Objection Certificate' for the construction of house in plot bearing No.49, IV Street, Ponnuvelpuram, Ayanavaram, Chennai-23 allotted in favour of the petitioner through an allotment dated 04.05.994.

2. The grievance of the petitioner is that 'No Objection Certificate' is yet to be issued in spite of the fact that the cases in such allotment reached its finality.

3. The learned counsel for the petitioner states that all those cases were dismissed and therefore, the petitioner is entitled for 'No Objection Certificate'.

4. However, the learned counsel for the respondents state that the representation of the petitioner was of the year 2010 and subsequent developments taken place as on date were also looked into by the petitioner.

5. This being the factum, the petitioner is directed to submit a fresh representation, setting out all the facts and circumstances and by enclosing all the relevant documents along with the order passed in this writ petition, enabling the Authorities to consider the issues, take a decision and pass appropriate orders on merits and in accordance with law as expeditiously as possible.

6. With the abovesaid directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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