Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice N. Anand Venkatesh, J
Balakrishnan S/o.Annamalai – Appellant
Versus
Secretary to Government, Housing and Urban Development Department – Respondent
ORDER :
N. Anand Venkatesh, J.
This writ petition has been filed seeking issuance of a writ of mandamus directing the fifth respondent to issue patta to the petitioner for his land measuring 1326 sq.ft., Plot No.23 situated at Muniyappa Nagar in Old S.No.123, New S.No.123/7 of Nerkundaram Village, Maduravoyal Taluk, Chennai District, by considering the representation dated 17.10.2024.
2. The case of the petitioner is that he is the owner of the subject property and he is in possession and enjoyment of the same, right from the day on which he purchased the property. The petitioner had applied for patta before the fifth respondent, namely, the Tahsildar and the Tahsildar was insisting for getting an NOC from the Housing Board. Aggrieved by the same the present writ petition has been filed before this Court.
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 extracted hereunder:
“The petitioners have filed the above writ petitions to issue a writ of mandamus, directing the first respondent to process the petitioners' application dated 15.05.2017,
Once acquisition proceedings are quashed, the authority cannot claim rights over the land, and administrative bodies must adhere to prior court rulings.
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.
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.
Land not acquired within five years under G.O.(Ms.)No.136 is eligible for release upon representations.
A writ petition for patta was dismissed due to prior ruling that the property belongs to the Tamil Nadu Housing Board.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
