R SUBRAMANIAN Vs. S IYAPPAN

JUDGEMENT

(1.) WRIT Petition No.18145 of 2012 is filed praying to issue a Writ of Mandamus, directing the first and second respondents to receive, process and consider the application for demolition and reconstruction and for planning permission for the proposed construction at Block No.52, R.K.Shanmugam Salai, K.K.Nagar, Chennai-78 comprised in S.No.419/1A part of Kodambakkam Village, Mambalam-Guindy Taluk, Chennai District of a total extent of 2 grounds and 2200 sq.ft. within the sub-registration district of Ashok Nagar and registration district of Central Chennai, in accordance with law and without insisting on production of No Objection Certificate from the third respondent.

(2.) WRIT Petition No.18146 of 2012 is filed praying to issue a Writ of Mandamus, directing the first and second respondents to receive, process and consider the application for demolition and reconstruction and for planning permission for the proposed construction at Block No.76, Dr.P.T.Rajan Salai, K.K.Nagar, comprised in S.No.52 part of Kodambakkam Village, Mambalam-Guindy Taluk, to an extent of 3 grounds and 273 sq.ft. within the Registration District of Central Chennai, and Sub-Registration District of Ashok Nagar, in accordance with law and without insisting on production of No Objection Certificate from the third respondent.

(3.) SIMILAR issue with regard to the insistence of no objection certificate from Tamil Nadu Housing Board was considered by a Division Bench of this Court in W.A.No.1052 of 2007 (The Managing Director - vs. - Lancor G:Crop Properties Limited and another) where it has been clearly held that the Housing Board has no right over property developed and sold to the individual allottees. The petitioners have enclosed sale deeds to show absolute ownership. The only restriction appears to be that the property developed for residential purpose should not be commercial use. The petitioners' plea is only for demolition and reconstruction as residential property.