IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
M.Devendran – Appellant
Versus
Managing Director Tamilnadu Housing Board – Respondent
WP No. 14731 of 2026
| Table of Content |
|---|
| 1. petition seeks mandamus for noc and patta mutation. (Para 1 , 2) |
| 2. no barriers to mutation after quashed acquisition. (Para 4 , 5) |
| 3. direct consideration of representation within six weeks. (Para 6) |
ORDER
This is a petition filed by the petitioners seeking a direction to the first respondent to consider the petitioners' individual representation dated 27.1.2026 for issuing a No Objection Certificate (NOC) in respect of the petitioners' property situated at Hosur Village & Taluk, Krishnagiri District in Old Survey No.894, being part of the lands covered under the earlier NOC dated 16.5.2008 in Na.Ka.No.1007/90 relating to Old Survey Nos.893/2, 894 and 936 and consequently direct the third respondent to effect ownership name transfer/patta mutation in favour of the petitioners within a time frame.
2. Heard the learned counsel for the petitioner, the learned Standing Counsel accepting notice for the first respondent and the learned Government Advocate accepting notice for respondents 2 and 3.
3. The case of the petitioners is as follows:
(i) The petitioners are the owners of the subject properties. They acquired the subject properties by way of sale deeds dated 14.2.2011, 11.2.2013 and 11.2.2013 respectively registered as doc.Nos.5922 of 2011 and 2038 and 2039 of 2013 on the file of the Sub-Registrar, Hosur. Ever since the date of purchase, they have been in possession and enjoyment of the subject properties.
(ii) The subject properties were earlier subjected to land acquisition proceedings for Hosur Housing Scheme. But, the acquisition proceedings were quashed at the instance of some of the other erstwhile land owners by order dated 04.7.2000 in W.P.No.19759 of 1992. Later, a few of the land owners filed W.P.No.250 of 2008 seeking a direction to the second respondent to consider their representation dated 11.2.2003 to issue NOC in respect of the lands in S.Nos.893/2, 894 & 936 in order to enable them to secure patta from the Revenue Department. Further, by order dated 24.4.2008, W.P.No.250 of 2008 was disposed of by directing the second respondent to consider the said representation dated 11.2.2003 and pass orders in the light of the order dated 04.7.2000 passed in W.P.No.19759 of 1992.
(iii) Pursuant to that, the second respondent issued the NOC dated
16.5.2008 in respect of the lands covered under old S.Nos.893/2, 894 &
936 measuring 2.25 acres, 1.73 acres and 1.78 acres respectively. Later, the Revenue Officials also acted upon the same and proceedings were issued for transfer of patta. Further, even during the year 2016, proceedings dated 01.11.2016 were issued by the second respondent for sub-division in respect S.Nos.894 and 396.
(iv) Even though the acquisition proceedings were quashed long back and the NOC was issued by the second respondent on 16.5.2008, the petitioners are still facing difficulty to effect name transfer in the revenue records on the ground that another NOC is required from the Tamil Nadu Housing Board. Hence, expressing their grievance, the petitioners sent individual representation dated 27.1.2026 to the first respondent seeking to the NOC in respect of the subject properties for them to mutate the revenue records. As nothing was forthcoming, the petitioners are before this Court.
4. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.
5. In the considered view of this Court, when the acquisition proceedings were already quashed and had attained finality long back, there are no fetters for the Revenue Authorities to effect mutation in the revenue records. It is not proper on the part of the Revenue Authorities to drive the land owners from pillar to post in order to get the NOC for effecting mutation in the revenue records. This is not expected of from the Statutory Authorities when the proceedings for subdivision of the subject properties have been issued by the second respondent even in the year
2016 in favo
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