WP/30978/2024 of K.SATHEESH KUMAR Vs THE STATE OF TAMIL NADU on 8 October 2026

Order

This Writ Petition has been filed seeking a direction to the respondents 2 and 3 to consider the representation of the petitioner dated 19.07.2024 and issue a No-objection Certificate to the petitioner in respect of his property comprised in SF. Nos.968/6B, 968/8B and 968/9 in Kalapatti Village, Coimbatore District within a specified period.

2. The case of the petitioner is that he is the absolute owner of 25.87 cents of land in S.F. Nos. 968/6B, 968/8B and 968/9 in Kalapatti East Village, Coimbatore District, having purchased the same on 10.03.2006.

3. The petitioner would submit that the respondents had initiated land acquisition proceedings for acquiring 9.62.0 hectares of land comprised in S.F. Nos. 964/1, 968, etc., in Kalapatti Village for a housing scheme, specifically the “Kalapatti Neighbourhood Scheme”. A notification under Section 4(1) of the erstwhile Land Acquisition Act was published on 26.09.1994, followed by a declaration under Section 6 on 17.11.1995. The petitioner's vendors, who were the original owners of the

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property comprised in S.F. No.968, challenged the acquisition proceedings by filing W.P. No. 25766 of 2005. By order dated 16.02.2006, this Court set aside the entire land acquisition proceedings as no award had been passed within two years from the date of the declaration under Section 6. The said order had attained finality, and no appeal was preferred by the respondents. The petitioner states that the acquisition proceedings relating to his property were also set aside by this Court. However, he is unable to freely deal with his property, as the authorities insist on obtaining a ‘No Objection Certificate’ from the second respondent for mutation of the revenue records and alienation of the property.

4. The petitioner would submit that his name was included in the joint patta only in June 2024. Though he submitted a representation to the second respondent on 19.07.2024 seeking a certificate clarifying that the acquisition proceedings had been set aside, no certificate has been issued so far. The petitioner relies on a similar case in W.P.No.26719 of 2017, wherein this Court directed the Tamil Nadu Housing Board to issue a ‘No Objection Certificate’ clarifying that the acquisition proceedings had been set aside and that the Board was not the owner of the property. Hence, the petitioner has filed the present writ petition seeking a direction to the

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second respondent to consider his representation and issue the necessary certificate.

5. A perusal of the records would reveal that the lands comprised in S.F. Nos. 968/6B, 968/8B and 968/9 in Kalapatti East Village, Coimbatore District, form part of the larger extent of 9.62.0 hectares sought to be acquired by the respondents for the Kalapatti Neighbourhood Scheme. A notification under Section 4(1) of the erstwhile Land Acquisition Act was published on 26.09.1994, followed by a declaration under Section 6 on 17.11.1995. The petitioner's vendors, who were the original owners of the property comprised in S.F.No.968, challenged the acquisition proceedings by filing W.P. No. 25766 of 2005. By order dated 16.02.2006, this Court set aside the entire land acquisition proceedings on the ground that no award had been passed within two years from the date of the declaration under Section 6.

6. The petitioner would submit that, when he sought subdivision of the property and issuance of an individual patta, the fourth respondent refused his request on the ground that a ‘No Objection Certificate’ had not

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been obtained from the second respondent. This requirement appears to be unreasonable, particularly when a similarly placed landowner, whose property was comprised in S.Nos. 968/6 and 968/8, was granted a ‘No Objection Certificate’ pursuant to the order passed by this Court in W.P. No. 26719 of 2017.

7. Once the acquisition proceedings in respect of the subject property have been set aside, the second respondent cannot claim ownership over the property or insist upon a ‘No Objection Certificate’ without any valid basis. That apart, when a similarly placed landowner has been granted the benefit of such a certificate pursuant to the orders of this Court, the respondents cannot deny the same to the petitioner in similar circumstances.

8. In view of the fact that the land acquisition proceedings have been set aside and that a ‘No Objection Certificate’ has been directed to be issued in a similar case, this Court is of the view that the petitioner is entitled to the relief sought for.

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9. Accordingly, this Writ Petition is allowed. The respondents 2 and 3 are directed to consider the petitioner's representation dated 19.07.2024 and issue a ‘No Objection Certificate’ in respect of the property comprised in S.F. Nos. 968/6B, 968/8B and 968/9 in Kalapatti Village, Coimbatore District, within a period of four weeks from the date of receipt of a copy of this order. No costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SRN To

1. The Secretary to the Government, Housing And Urban Development Department, Fort St. George, Chennai-600 004.

2. The Chairman And Managing Director, Tamil Nadu Housing Board No.493, Anna Salai, Nandanam, Chennai.

3. The Executive Engineer Cum Administrative Officer Tamil Nadu Housing Board, Coimbatore Housing Unit, Hudco Colony, Pelamedu, Coimbatore-641 004.

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4. The Special Tahsildar Land Acquisition, Housing Scheme Unit No.II, Tamil Nadu Housing Board, Coimbatore-641 012.

5. The Tahsildar Coimbatore North,Coimbatore 641 018.

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P.T.ASHA J. SRN WP No. 30978 of 2024 08-10-2026