Madras High Court
Meston Education And Development vs The General Manager on 11 March, 2025
Author: S.M.Subramaniam
Bench: S. M. Subramaniam
2025:MHC:986
WA No. 683 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
WA No. 683 of 2025
AND
CMP NO. 5663 OF 2025
Meston Education and Development
Association (P) Ltd
A Company incorporated under the
Indian Companies Act
Rep. by its Secretary
Having office at Old No.33,
New No.10, West Cott Road,
Royapettah, Chennai – 600 014.
Appellant(s)
Vs
1.The General Manager
(UG- Construction) Phase II,
CMRL TU-02 Package,
2nd Floor, Chennai Metro Rail Limited,
Anna Salai, Nandanam, Chennai - 035.
2.Project Manager
(Corridor 3- TU02, CMRL),
Larsen and Toubro Limited,
Heavy Civil Infrastructure,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 03:47:23 pm )
WA No. 683 of 2025
Mount Poonamallee Road,
Manapakkam, Chennai – 600 089.
3.M/s.Bureau Veritas (India) Private
Limited
Ambattur, Chennai.
4.Larsen And Toubro Limited
Construction
Heavy Civil Infrastructure,
Mount Poonamallee Road,
Manapakkam PB No.979,
Chennai - 089.
5.The Chairman
The Heritage Conservation Committee,
5th Floor, Main Conference Hall of
CMDA, Egmore,
Chennai - 008.
Respondent(s)
WA No. 683 of 2025
PRAYER
To set aside the order dated 19.08.2024 made in WP No.23647 of 2024 on the
file of this Court and allow this WA.
WA No. 683 of 2025
For Appellant(s): Mr.P.Sam Japa Singh
For Respondent(s): Mr.B.Vijay SC For CMRL
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 03:47:23 pm )
WA No. 683 of 2025
JUDGMENT
(Judgment was delivered by S.M.Subramaniam J.) The writ order dated 19.08.2024 passed in W.P.No.23647 of 2024 is under challenge in the present writ appeal.
2. The appellant filed a writ petition challenging the notice dated 31.07.2024 issued by the Chennai Metro Rail Limited (CMRL) during soil investigation works, prior to tunnelling works undertaken. The CMRL project is a public project undertaken for the benefit of the public at large living in Chennai City.
3. Even before the Writ Court, CMRL filed an affidavit stating that if settlements exceed the alert level of 10mm, occupants will be evacuated, and alternate arrangements will be made by CMRL at their own cost. However, it is not expected to be happen, since the alignment situated away from the building.
Therefore, the CMRL has taken adequate precautions to ensure no adverse impact.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 03:47:23 pm ) WA No. 683 of 2025
4. In the event of any damage, CMRL has undertaken to make alternate arrangements as required. Considering this undertaking, the writ petition appears unnecessary. The Learned Single Judge recorded the undertaking given by the CMRL and that being so, no further consideration is required. If any grievance exits to the appellants they are at liberty to negotiate with the CMRL for the purpose of resolving the issues. In the event of raising any such consent by the appellant, the CMRL project authorities may consider, since large number of students are studying in the said school.
5. With these liberty, the Writ Appeal stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.
(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 11-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 03:47:23 pm ) WA No. 683 of 2025 To
1.The General Manager (UG- Construction) Phase II, CMRL TU-02 Package, 2nd Floor, Chennai Metro Rail Limited, Anna Salai, Nandanam, Chennai - 035.
2.Project Manager (Corridor 3- TU02, CMRL), Larsen and Toubro Limited, Heavy Civil Infrastructure, Mount Poonamallee Road, Manapakkam, Chennai - 089.
3.Bureau Veritas (india) Pvt Ltd Ambattur, Chennai.
4.Larsen And Toubro Limited Construction Heavy Civil Infrastructure, Mount Poonamallee Road, Manapakkam PB No.979, Chennai - 089.
5.The Chairman The Heritage Conservation Committee, 5th Floor, Main Conference Hall of CMDA, Egmore, Chennai - 008.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 03:47:23 pm ) WA No. 683 of 2025 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J.
Jeni WA No. 683 of 2025 11-03-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 03:47:23 pm )