LAWS(MAD)-2011-4-32

V K SHRINIVASAN Vs. TAMIL NADU HOUSING BOARD

Decided On April 07, 2011
V.K.SHRINIVASAN Appellant
V/S
TAMIL NADU HOUSING BOARD Respondents

JUDGEMENT

(1.) WRIT Petition is filed praying to issue a WRIT of Mandamus, directing the respondents 2 and 3 to entertain, receive, process and grant approval on the petitioner's application for planning permission and building permit for putting up a new residential construction on the property situated at Block No.H-22, Vaigai Street, Kalakshetra Colony, Besant Nagar, Chennai-600 090, comprised in old S.No.171(part), T.S.No.220/1, 221, 222, 223, 224, 225, 226, Block No.55, Thiruvanmiyur Village, Mylapore-Triplicane Taluk, in Patta No.SD/400/10-11 dated 9.2.2011, within the Registration District of Chennai South and Registration Sub District of Saidapet, without insisting upon No Objection Certificate from the first respondent, namely, Tamil Nadu Housing Board, so long as the proposed construction activities are in accordance with Development Control Rules and Town and Country Planning Act.

(2.) MR.A.Vijayakumar, learned counsel takes notice on behalf of the first respondent; MR.C.Kathiravan, learned counsel takes notice on behalf of the second respondent; and MR.V.Bharathidasan, learned counsel takes notice on behalf of the third respondent. By consent of all parties, the writ petition is taken up for final disposal.

(3.) PETITIONER's counsel states that the development of the property is for residential use only and petitioner is willing to file an affidavit to that effect. Following the Division Bench Judgment as above, several orders have been passed by this Court, viz., W.P.No.15170 of 2010 dated 20.7.2010, W.P.No.14784 of 2008 dated 6.8.2008 where the Chennai Metropolitan Development Authorities were directed to accept the application without insisting on no objection certificate.