LAWS(MAD)-2011-3-531

R GANESAN Vs. CORPORATION OF CHENNAI

Decided On March 03, 2011
R. GANESAN Appellant
V/S
CORPORATION OF CHENNAI REPRESENTED BY ITS COMMISSIONER, CHENNAI Respondents

JUDGEMENT

(1.) HEARD the learned counsels appearing for the petitioner, as well as the learned counsel for the respondents.

(2.) AT this stage of the hearing of the writ petition, it has been pointed out by the learned counsel for the petitioner, that in similar matters, this Court had passed orders, directing the first and the second respondents to receive the application from the petitioner, for the grant of approval, for demolition and for putting up a new construction, and to process it, on merits and in accordance with law, without insisting on the production of the 'No Objection Certificate' from the third respondent. One such order, dated 11.08.2009, made in W.P.No.15490 of 2009, had been placed before this Court. Paragraph 5 of the said order reads as follows:

(3.) THE learned counsel appearing on behalf of the third respondent, Tamil Nadu Housing Board, had submitted that a Division Bench of this Court, had passed an order, dated 28.08.2007, in W.A.No.1052 of 2007, holding that the proposed construction could be put up without a 'No Objection Certificate', being issued by the Tamil Nadu Housing Board. However, it had been stated that such construction cannot be used for commercial purposes.