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2026 Supreme(Online)(Mad) 37588

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhoose, J
B.Jayakumar – Appellant
Versus
Managing Director Tamil nadu Housing Board (TNHB) – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.I.Calvin Jones
For the Respondents: Mr.A.M.Ravindranath Jayapal

Land not acquired within five years under G.O.(Ms.)No.136 is eligible for release upon representations.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus directing the respondent housing board to issue a No Objection Certificate (NOC) and transfer patta for land at Survey No. 23/1 based on representations dated 16.07.2025 and 29.08.2025, invoking G.O.(Ms.)No.136 dated 10.10.2023 for release of land not acquired within five years. The court found no prejudice to the respondent in considering the representations on merits. The primary issue was whether the land qualified for release under the Government Order due to lapse of acquisition proceedings. The court directed consideration without opining on merits, applying the Government Order. The writ petition was disposed of with directions to the respondent to pass final orders within twelve weeks.

Table of Content
1. petition seeks noc and patta for unacquired land under g.o. (Para 1 , 2)
2. no prejudice in considering representations per g.o. (Para 3)
3. direct final orders within 12 weeks, no costs. (Para 4)

O R D E R

This Writ Petition has been filed to direct the respondent to issue No Objection certificate in favour of the petitioner and thereafter, transfer the patta in the name of the petitioner for the property morefully disclosed in the prayer to this Writ Petition, based on the petitioner’s representations dated 16.07.2025 and 29.08.2025, within a time frame to be fixed by this Court.

2.According to the petitioner, the property morefully disclosed in the prayer to this Writ Petition has not been acquired from the petitioner within a period of five years and therefore, G.O.(Ms.)No.136 dated 10.10.2023 issued by the Housing and Urban Development Department applies to the case of the petitioner. Hence, the petitioner seeks for release of the petitioner’s land from land acquisition. The petitioner, therefore had submitted representations dated 16.07.2025 and 29.08.2025 to the respondent requesting them to issue No Objection certificate in the light of G.O.(Ms.)No.136 dated 10.10.2023 issued by the Housing and Urban Development Department.

3.Mr.A.M.Ravindranath Jayapal, learned Standing Counsel accepts notice on behalf of the respondent. No prejudice would be caused to the respondent if the petitioner’s representations as stated supra is considered on merits and in accordance with law, in the light of G.O.(Ms.)No.136 dated 10.10.2023 issued by the Housing and Urban Development Department, within a time frame to be fixed by this Court. This Court is not expressing any opinion on the merits of the petitioner’s representations.

4.For the foregoing reasons, this Writ Petition is disposed of by directing the respondent to pass final orders on merits and in accordance with law on the petitioner’s representations dated 16.07.2025 and 29.08.2025, seeking for issuance of No Objection certificate in the light of the G.O.(Ms.)No.136 dated 10.10.2023 issued by the Housing and Urban Development Department, within a period of twelve weeks from the date of receipt of a copy of this order.

However, there shall be no order as to costs.

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