Madras High Court
K.Raji vs The Special District Revenue Officer ... on 27 February, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
W.P.Nos.2346 & 2349 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
W.P.Nos.2346 and 2349 of 2024
and
W.M.P.Nos.2536 & 2537 of 2024
W.P.No.2346 of 2024
K.Raji ... Petitioner in W.P.No.2346 of 2024
P.Sekar ... Petitioner in W.P.No.2349 of 2024
Vs.
1 The Special District Revenue Officer (LA),
Chennai Metro Rail Limited,
Nandanam, Chennai-035.
2 The Chennai Metro Rail Ltd
Rep by its Chairman,
Admin Building CMRL Depot,
Poonamallee High Road,
Koyambedu, Chennai-107.
3 Sree.Rathna Vinayakar and
Sri Duirgai Amman Devasthanam,
Rep by its Executive Officer,
Whites Rroad, Royapettah, Chennai.
[R3-suo motu impleaded as per order
dated 02.02.2024] ... Respondents in both the W.Ps
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W.P.Nos.2346 & 2349 of 2024
PRAYER in W.P.No.2346 of 2024: Writ Petition filed under Article
226 of the Constitution of India, to issue a Writ of Mandamus Calling
upon the 1st and 2nd respondents to consider the representation of the
petitioner dated 06/01/ 2024 in respect of providing compensation for the
superstructure under various heads of compensation available to the
petitioners being the owner of the superstructure under the provisions of
the Right to fair Compensation and Transparency in Land Act 2013 in
respect of the property being superstructure situated in Old Door No.19
New Door No.43 Whites Road Royapettah Chennai- 600 014 forming
a part of Survey No.328/4 , Triplicane Village superstructure of a total
extent of 1511 Square feet comprising of ground floor-2 shops plus 1
godown and 1st floor comprising of 1 residential portion part of the
acquired land of an extent of 167 square meters, comprised in Town
Survey No.328/4(Part), Block No.11, situated in triplicate village,
Mylapore taluk, Chennai District acquired for the purpose of No.20-
Thousand Lights Metro Station by the first respondent under the
provisions of the Tamil Nadu Acquisition of Land for Industrial Purposes
Act 1997 (Tamil Nadu Act 10 of 1999).
PRAYER in W.P.No.2346 of 2024: Writ Petition filed under Article
226 of the Constitution of India, to issue a Writ of Mandamus to direct
the 1st and 2nd respondents to consider the representation of the
petitioner dated 06/01/ 2024 in respect of providng compensation for the
Page 2 of 7
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W.P.Nos.2346 & 2349 of 2024
superstructure under various heads of compensation available to the
petitioners being the owner of the superstructure under the provisions of
the Right to Fair Compensation and Transparency in land Acquisition
Rehabilitation and Resettlement Act 2013 in respect of the property being
superstructure situated over the land of an extent of 167 Square metres
Comprised in Town survey No328/4 (part) Block No.11 Situated in
triplicate village Mylapore Taluk , Chennai District acquired for the
purpose of No.20- Thousand Lights Metro Station by the 1st respondent
under the provisions of the Tamil Nadu Acquisition of Land for Industrial
Purposes Act 1997 (Tamil Nadu Act 10 of 1999).
For Petitioners : Mr.A.Palaniappan
For R1 : Mr.T.Arunkumar
Additional Government Pleader
For R2 : Mr.P.S.Raman, Advocate General
Assisted by
Mrs.Rita Chandrasekar,
Standing Counsel for CMRL
For R3 : Mr.N.R.R.Arun Natarajan
Special Government Pleader (HR&CE)
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W.P.Nos.2346 & 2349 of 2024
COMMON ORDER
This Writ Petitions have been filed to issue a Writ of Mandamus to direct respondents 1 and 2 to consider the petitioners' representation, dated 06/01/ 2024.
2. Heard the learned counsel appearing for the petitioners, the learned Advocate General, Additional Government Pleader and Special Government Pleader appearing for the official respondents and perused the materials available on record.
3. Learned counsel for the petitioners submitted that the land in question was acquired by the respondents under the Highways Act. The petitioners are the owners of the superstructure. Without paying the compensation to the petitioners, the first respondent deposited the amount before the competent civil Court.
4. The learned Additional Government Pleader appearing for the respondents submitted that the property in question belongs to the Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.2346 & 2349 of 2024 Temple and the petitioners did not have any right over the same. Already the Award amount was deposited before the Civil Court.
5. Since the land was acquired by the first respondent and Award was also passed and quantum was also arrived at and since there is a dispute between the petitioners and the third respondent, therefore the first respondent deposited the Award amount before the Civil Court.
Since already amount was deposited before the Civil Court, the Writ Petition is dismissed as having become infructuous. However, the petitioners are at liberty to workout their remedy before the Civil Court in the manner known to law.
5. With the abovesaid direction, the Writ Petitions are disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
27.02.2024 mfa Index:Yes/No Speaking Order: Yes/No Neutral Citation: Yes/No Page 5 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.2346 & 2349 of 2024 To 1 The Special District Revenue Officer (LA), Chennai Metro Rail Limited, Nandanam, Chennai-035.
2 The Chennai Metro Rail Ltd Rep by its Chairman, Admin Building CMRL Depot, Poonamallee High Road, Koyambedu, Chennai-107.
3 Sree.Rathna Vinayakar and Sri Duirgai Amman Devasthanam, Rep by its Executive Officer, Wites Rroad, Royapettah, Chennai.
Page 6 of 7https://www.mhc.tn.gov.in/judis W.P.Nos.2346 & 2349 of 2024 P.VELMURUGAN, J.
mfa W.P.Nos.2346 and 2349 of 2024 and W.M.P.Nos.2536 & 2537 of 2024 27.02.2024 Page 7 of 7 https://www.mhc.tn.gov.in/judis