IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.11.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.2883 & 2890 of 2024 K.Subbuthai ... Petitioner (In W.P.No.2625 of 2024)

K.Ganga ... Petitioner (In W.P.No.2630 of 2024)

Vs

1.The State by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9.

2.The Managing Director, Tamilnadu Housing Board, CMDA Complex, Coyambedu, Chennai-600 107.

3.The Executive Engineer-cum Administrative Officer, Tamilnadu Housing Board, 17-D, C-Colony, Perumalpuram-627 011, PalayankottaiTaluk, Tirunelveli District.

4.The Sub Registrar, Palayankottai Sub Registrar, Collectorate Campus, Palayankottai, Tirunelveli District.

5.The Tahsildar, PalayankottaiTaluk, Tirunelveli District. ... Respondents (In both Petitions)

Prayer in W.P.No.2625 of 2024 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 03.01.2022 made in Lr.No.LA/4180/10 passed by the 3^rd respondent, Quash the same for lack of jurisdiction and consequently direct the respondents 1 and 2 to issue NOC or re-convey the extent of the petitioner’s house site measuring 2000 sq.ft., comprised in S.F.Nos.143/2, Keelanathan Village, Palayamkottai Taluk, Tirunelveli District.

Prayer in W.P.No.2630 of 2024 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 03.01.2022 made in Lr.No.LA/4180/10 passed by the 3^rd respondent, Quash the same for lack of jurisdiction and consequently direct the respondents 1 and 2 to issue NOC or re-convey the extent of the petitioner’s house site measuring 1742 sq.ft., comprised in S.F.Nos.150 & 151, Keelanathan Village, Palayamkottai Taluk, Tirunelveli District.

For Petitioner : Mr.N.Manoharan For Respondents : Mr.C.Kalaichelvan for RR-2 & 3 : Mr.P.Ganesan, Additional Government Pleader for RR-1, 4 & 5

O R D E R

Assailing the order passed by the 3^rd respondent, in and by which, the 3^rd respondent had rejected the claim of the petitioners for issuance of No Objection Certificate in respect of the subject properties, the present Writ Petitions have been filed.

2. It is the case of the petitioners that they are the subsequent purchasers of the subject lands from their original vendors and that the said lands were acquired by the Government under the Land Acquisition Act, 1894 for the purpose of establishing Neighbourhood scheme for providing house sites to the general public and for the formation of residential colonies. The said land acquisition proceedings was already challenged before this Court in a batch of Writ Petitions by the similarly placed persons which were dismissed. Similarly, another Writ Petition was filed by the purchasers of the individual house sites seeking consideration of their representations for exclusion of their house sites from the land acquisition proceedings, in which, the 1^st respondent was directed to consider their representation, pursuant to which, the 1^st respondent by order dated 11.01.2011 had rejected the same. Challenging the said rejection order, another Writ Petition came to be filed which petition was allowed vide order dated 07.11.2012. Subsequently, in the year 2021, the petitioners made a representation to the respondents requesting for grant of No Objection Certificate or for exclusion of properties from the acquisition proceedings. However, the said representation was rejected vide impugned order dated 03.01.2022.

Challenging the said rejection order, the present Writ Petitions have been filed.

3. Learned counsel appearing for the petitioners submitted that the impugned order passed by the 3^rd respondent is arbitrary and illegal as no opportunity of hearing was given to the petitioners before passing the same which is in violation of principles of natural justice and the