TAMIL NADU HOUSING BOARD Vs. MARY RANI IMMANUAL

JUDGEMENT

(1.) The order of reference was made by the then The Hon'ble The Chief Justice M.Y.Eqbal and Hon'ble Mr.Justice T.S.Sivagnanam. The reference thus reads as follows:

(2.) The respondents 1 to 8 in this appeal are the writ petitioners. The writ petition was filed for issuance of a direction upon the Chennai Metropolitan Development Authority (CMDA) and Corporation of Chennai to receive, consider, process and approve the writ petitioners application for demolition and reconstruction by issuing planning permission to construct residential flats in the property situated at block No.97A to F, Sowbackya Colony, Anna Main Road, K.K.Nagar, Chennai 78 comprised in Survey No.394/1(part) in Kodambakkam Village, Mambalam-Guindy Taluk, Chennai District, without insisting or production of no objection certificate from the Tamil Nadu Housing Board/appellant or any other authorities concerned and to accord sanction for the same in accordance with law expeditiously.

(3.) The learned Single Judge disposed of the writ petition with a direction to CMDA to proceed with the application submitted by the writ petitioners without insisting no objection certificate from the appellate Board subject to the condition that the property will be developed only for residential purpose. The learned Single Judge relied on the decision of a Division Bench of this Court in W.A.No.1052 of 2007 (The Managing Director vs. Lancor G. Corp Properties Ltd., and another). The operative portion of the judgment and order reads as hereunder:-