N. UMA Vs. DISTRICT COLLECTOR KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) The above writ petition has been filed seeking to quash the order passed by the first respondent, in and by which the first respondent had refused to grant a "No Objection Certificate" to the petitioners for obtaining DTCP approval for plot layout and construction.

(2.) The short facts that led to the filing of the writ petition are as follows :

(3.) The petitioners would refute the above contentions and would submit that the lands situated in Survey No.41 is a single piece of land, which has not been sub-divided and that there is a tar road running between Naduveerapattu and Manimangalam Villages, which is being used by the petitioner and general public for over three decades. They would contend that even in the report of the second respondent, there is a mention about the mud road running adjacent to the petitioner's property. The petitioner would also contend that the report of the second respondent and impugned order are contrary to each other, as the report of the second respondent would state that a mud road runs adjacent to their property whereas the impugned order states that there exists a poromboke land in between the land and the road. The petitioners would also reiterate that the adjacent land owners are using the very same tar road to have access to their property. Therefore, the rejection stating that a Government poromboke land lies in Survey No.41 appears to be totally contrary to the report of the second respondent. Hence, the petitioner has come forward with the above writ petition.