Bharathi Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.1817 of 2020 Bharathi Kumar ... Petitioner Vs.

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Special Tahsildar ( Land Acquisition) Kancheepuram Unit, Chennai Metro Rail Ltd., Gopalapuram, Chennai - 600 088.

3. The Estate Officer and Joint General Manager, Chennai Metro Rail Ltd., CMRL Depot, Admin Building, Poonamalee High Road, Koyambedu, Chennai ....Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari calling for the records relating to the impugned proceedings of the 3rd respondent herein dated 13.12.2019 in Rc.No.EST/D.N/land-phase-1/13/2019 and quash the same and pass orders.

For Petitioner : Mr.A.R.L.Sundaresan for A.L.Gandhimathi For Respondents 1 and 2 : Mr. K.M.D. Muhilan Government Advocate For Respondent-3 : M/s Jayesh B.Dolia

O R D E R

The petitioner had filed this Writ petition for issuance of a Writ of Certiorari calling for the records relating to the impugned demand notice Rc.No.EST/D.N/land-phase-1/13/2019 dated 13.12.2019 and quash the same.

2. The case of the petitioner is that the second respondent acquired the subject land and further an award was also passed in Award No.1 of 2011 dated 31.05.2011, pursuant to which the petitioner challenged the acquisition proceedings in W.P.No.14608 of 2011 but, however finally agreed to receive the compensation and also received the compensation amount and recording the same the said writ petition was closed. When this being the case, the 3rd respondent issued a demand notice dated 13.12.2019 demanding the petitioner to pay rent as the petitioner is using the CMRL land for his ingress and egress. Aggrieved over the same the petitioner has come up with this writ petition.

3. The learned standing counsel appearing for the third respondent submits, on instruction that the 3rd respondent will not demand any payment of rent and permits for free ingress and egress to the petitioner and is expressing to withdraw the demand notice.

4. Recording the submission made by the learned standing counsel appearing for the third respondent, the 3rd respondent is permitted to withdraw the impugned demand notice. Accordingly, this writ petition stands closed. No order as to costs. Consequently the connected miscellaneous petition is closed.

17.11.2022 Index: Yes/ No Internet: Yes/No smn

To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Special Tahsildar ( Land Acquisition) Kancheepuram Unit, Chennai Metro Rail Ltd., Gopalapuram, Chennai - 600 088.

3. The Estate Officer and Joint General Manager, Chennai Metro Rail Ltd., CMRL Depot, Admin Building, Poonamalee High Road, Koyambedu, Chennai

M.DHANDAPANI,J.

smn and W.M.P.No.1817 of 2020 17.11.2022