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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
Mangalakshmi, W/o.Late Balakrishnan – Appellant
Versus
Secretary to Government, Housing and Urban Development Department – Respondent
| Table of Content |
|---|
| 1. challenge to no objection certificate requirement (Para 1 , 3) |
| 2. procedural guidelines for patta issuance (Para 2 , 4) |
| 3. previous court rulings negate noc requirement (Para 5) |
ORDER :
N.Anand Venkatesh, J.
This writ petition has been filed challenging the proceedings of fifth respondent dated 04.03.2025 and for consequential direction to the fifth respondent to issue patta to the petitioners with respect to the subject property.
2. Heard Mr.A.Ilaya Perumal, learned counsel for the petitioners and Mr.A.Selvendran, learned Special Government Pleader for respondents.
3. The request made by the petitioners seeking for patta has been rejected by the fifth respondent mainly on the ground that the patta can be issued only after getting 'No Objection Certificate' from the Tamil Nadu Housing Board.
4. The issue involved in the present writ petition is squarely covered by earlier order of this Court dated 19.02.2025 in W.P.No.5387 of 2025 and relevant portions are extracted hereunder:
'3. A similar batch of writ petitions came to be filed before this Court and this Court passed an order dated 04.09.2017 made in WP.No.17484 to 17492 of 2017. For better understanding, the order is
The court affirmed that once a land acquisition notification is quashed, no further objections, such as the need for an NOC from the Housing Board, can be imposed on issuing patta.
Once acquisition proceedings are quashed, authorities cannot require a No Objection Certificate from the Housing Board for issuing patta.
Once acquisition proceedings are quashed, authorities cannot require a No Objection Certificate from the Housing Board for issuing land patta.
Once acquisition proceedings are quashed, the authority cannot claim rights over the land, and administrative bodies must adhere to prior court rulings.
A petitioner cannot seek a No Objection Certificate for property already vested with a statutory body, lacking locus standi where prior judgments negate their claim.
Third-party purchasers of land acquired under the Land Acquisition Act do not possess an absolute right to 'No Objection Certificates', and the title of acquired land vests with the government, limit....
Land not acquired within five years under G.O.(Ms.)No.136 is eligible for release upon representations.
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