Madras High Court
K.C.Jayabalan vs The Managing Director on 28 March, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
W.P.No.7592 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
W.P.No.7592 of 2024
and
W.M.P.No.8514 of 2024
K.C.Jayabalan ... Petitioner
Vs.
1 The Managing Director ,
(CMRL ) Chennai Metro Rail Ltd.
Nandanam
Chennai.
2 The District Revenue Officer (Design) ,
(CMRL) Chennai Metro Rail Ltd.
Nandanam,
Chennai.
3 The District Revenue Officer,
Land Acquisition (CMRL) Chennai Metro Rail Ltd,
Nandanam, Chennai.
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W.P.No.7592 of 2024
4 The Deputy Collector,
Thoraipakkam Range,
(CMRL) Chennai Metro Rail Ltd,
Nandanam, Chennai.
5 The Tahsildar
Land Acqusition, (CMRL) Chennai Metro Rail Ltd.
Nandanam, Chennai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to settle the
compensation and loss amount of Rs. 81,00,00,000/- (Rupees Eighty one
crores) for the acquired petitioner's property in S.No. 263/28, 263/29
total extent 5986 sq.ft in which 2701 sq.ft acquired for CMRL Corridor-3
Phase II 36 PTC Colony Metro Station, Annex I, situated at Okkiyam
Thoraipakkam Village, Sholinganallur Taluk, Chennai District,
considering the representation dated 15.2.2024 within the time frame.
For Petitioner : Mr.R.Chandrasekaran
For R1 & R2 : Mrs. Rita Chandrasekar
SC for CMRL
For R3 to R5 : Mr.T.Arunkumar
Additional Government Pleader
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W.P.No.7592 of 2024
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to settle the compensation and loss amount of Rs.81,00,00,000/- (Rupees Eighty One crores) for the petitioner's property in S.No. 263/28, 263/29 total extent of 5986 sq.ft in which 2701 sq.ft acquired for CMRL Corridor-3, Phase II 36 ,PTC Colony Metro Station, Annex I, situated at Okkiyam Thoraipakkam Village Sholinganallur Taluk, Chennai District by considering the petitioner's representation dated 15.02.2024.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record. Page 3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.7592 of 2024
3. It is submitted by the learned counsel for the petitioner that the respondents have acquired the petitioner's land for the purpose of Chennai Metro Rail project. The petitioner has sent a detailed representation on 28.08.2023 either to drop the proposal for acquisition of the petitioner's land for CMRL project or to pay the compensation and finally he made representation on 15.02.2024. Since there is no response from the respondent, the petitioner has filed the present writ petition.
4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 15.02.2024 and after issuing notice and giving opportunity of hearing the petitioner, interested parties/rival Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.7592 of 2024 claimants/adjacent land owners of the four boundaries of the subject land/objectors if any, as the case may be and conduct enquiry and pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.
5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
28.03.2024 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.No.7592 of 2024 To 1 The Managing Director , (CMRL ) Chennai Metro Rail Ltd.
Nandanam Chennai.
2 The District Revenue Officer (Design) , (CMRL) Chennai Metro Rail Ltd.
Nandanam, Chennai.
3 The District Revenue Officer, Land Acquisition (CMRL) Chennai Metro Rail Ltd, Nandanam, Chennai.
4 The Deputy Collector, Thoraipakkam Range, (CMRL) Chennai Metro Rail Ltd, nandanam, chennai.
5 The Tahsildar Land Acqusition, (CMRL) Chennai Metro Rail Ltd. Nandanam, Chennai.
Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.7592 of 2024 P.VELMURUGAN, J.
mfa W.P.No.7592 of 2024 and W.M.P.No.8514 of 2024 28.03.2024 Page 7 of 7 https://www.mhc.tn.gov.in/judis