R SRINIVASAN Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) THE writ petition has been filed by the petitioner seeking a writ of mandamus directing the 2nd respondent to consider the application of the petitioner for planning permission without insisting on No Objection Certificate from the 1st respondent.

(2.) THE petitioners are the owners of the property situated in Block No.14, TNHB flats, South Avenue, Kamaraj Nagar, Thiruvanmiyur, Chennai 600 041. The petitioners have purchased the property from the Housing Board from various individuals. Thereafter, in pursuant of the sale deed executed by the 1st respondent from 1992 to 1995, the petitioners made an application to the 2nd respondent on 20.09.2010 seeking permission to construct the building. Since the 2nd respondent has orally informed the petitioner that the application cannot be sustained without the No Objection Certificate from the 1st respondent, the petitioner has come forward to file the present writ petition.

(3.) MR .S.Sundaresan, the learned counsel for the petitioner submitted that the entire property in Block No.14 has been conveyed in favour of the petitioner by the 1st respondent without retaining any portion thereof. Therefore, in as much as the petitioners are the absolute owners of the entire property sold by the 1st respondent, the question of getting a No Objection Certificate from the 1st respondent does not arise. The consideration of the Planning permission has to be done by the 2nd respondent and hence, the 1st respondent does not have any interest over the same.