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.

ORDER :

N. Anand Venkatesh, J.

This writ petition has been filed for issue of writ of mandamus directing the Tamil Nadu Housing Board to issue No Objection Certificate in order to enable the petitioner to deal with the subject property.

2. The 1st respondent has filed a counter affidavit and the relevant portions are extracted hereunder:

6. It is submitted that the, the Tamil Nadu Housing Board has proposed to acquire lands in Hosur village and taluk, Krishnagiri District for the formation of Hosur neighborhood scheme. For this purpose various lands were acquired in S.No.522/1B, 532/2A, 533/1B etc.., Hosur village and taluk, Krishnagiri District for an total extent of 0.97.5 Hectare i.e (2.40 acres) including the subject property in S.No.670/1A measuring to an extent of 0.24.0 Hectare i.e (0.59 acre) under the LAND ACQUISITION ACT 1894.

7. Then the 4(1) notification under the LAND ACQUISITION ACT 1894 was issued vide G.O.MS.No.849 Housing and Urban Department dated, 21.05.1991. The same was published in the Government Gazette on 26.07.1991 and the news paper publication was also published on 21.08.1991.

8. Later the, 5(A) enquiry was conducted on 10.10.1991 and the Draft Declaration under section 6 of the LAND ACQUISITION ACT 1894, was approved by the Government vide G.O.MS. No.537 Housing and Urban Department dated 20.08.1992. After duly serving the notices under section 9(1) and 3 of the LAND ACQUISITION ACT , the award enquiry was conducted by the Land Acquisition Officer.

9. Concluding, the Award was passed on 19.08.1994 vide Award No.18/94 and the award amount of Rs. 3,95,660-/- was deposited in the treasury for entire lands out of which the award amount of Rs.87,844/- was paid for the subject land. Later the possession of land was handed over to Tamil Nadu Housing Board on 12.12.1994.

10. It is submitted that the related revenue records such as the Patta was transferred in the name of Tamilnadu Housing Board vide Patta No 444. Later and the land bearing S. No.670/1A, Hosur Village, measuring to an extent of 0.59 acre land was included in the Hosur NHS Phase-VII and the same was approved by the LP./DTCP No. 231/2002. Moreover all the adjoining lands were well developed including the works like levelling, formation of parks, drainage formation, road formation, divider wall formation, culverts construction are completed finely along with the residential plots and commercial sites which are put for sale.

11. It is submitted that, the Vendor Mr. Muni Venkatajulu from whom petitioner's brother Purchased the subject land had approached this Hon'ble High Court by filing W.P.No. 19097 of 2011 , also seeking for reconveyance of for the land in S.No.670/1A situated at Hosur Village, Krishnagiri District measuring an extent of 0.24.0 Hectare. Wherein this Hon'ble High Court had disposed the above said Writ Petition by its order dated 16.03.2018 against the writ petitioner's Plea for reconveyance. Hereby it is clear that the vendor had no title to settle the property in favour of the Petitioner's brother Thiru. P. Ramesh. Nonetheless being fully aware of the said order, the petitioner herein has filed the present writ petition to circumvent the orders of this Hon'ble court. Hereby the Petitioner has no Locus standi to file the present Writ Petition and thus, for the aforesaid reason this writ petition needs to be dismissed in Limine.

12. It is submitted that, the respondent as stated supra reiterates that the land situated in S.No. 670/1A at Hosur Village, Krishnagiri District measuring to an extent of 0.24.0 hectare already vests with the Tamil Nadu Hous