JANAKI CHELLAPPA Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) The case of the petitioner is that, she purchased the property bearing Plot Nos.51 and 52, Anbu Nagar Layout, comprised in Old S.F.No.279, new S.F.No.279/1A, Kavundampalayam Village, Coimbatore Taluk, measuring an extent of 11 cents and 374 sq.ft (5163 sq.ft) under sale deed dated 10.02.1964. Since, the petitioner settled at U.S.A., along with her family, she did not apply for transfer of patta in her name. While so, the Tamil Nadu Housing Board (hereinafter referred to as "the TNHB") has acquired vast extent of land at Kavundampalayam Village, Coimbatore including the petitioner's land for the purpose of developing Anna Nagar Housing Scheme under the notification issued under Section 4(1) of the Land Acquisition Act, vide G.O.Ms.No.861 Housing and Urban Development dated 26.08.1982 and that the same was published in the Tamil Nadu Government Gazette on 02.09.1985.

(2.) Some of the plot owners challenged the acquisition in W.P.No.2203 of 1988 before the High Court and the said writ petition was allowed and the acquisition proceedings relating to S.No.279 and other survey numbers were quashed vide order dated 04.02.1997. The respondents did not prefer any appeal against this order and same has reached finality.

(3.) The petitioner with an intention to settle at India sought for patta for the land for constructing house. The revenue authorities instructed her to get No Objection Certificate (NOC) from the TNHB to consider her request for grant of patta. Accordingly, she has made her representation on 14.09.2018 to the TNHB to issue NOC in respect of her property. The TNHB has not so far considered her representation. Hence, the present writ petition seeking mandamus to direct the third respondent to grant patta in respect of her land which she has purchased in the year 1964 without insisting upon NOC from the TNHB.