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Madras High CourtWP/8235/2023dismissed

G.Kalavathy v. The District Collector

2023-09-21Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mrs.G.Kalavathy ... Petitioner Vs.

1.The District Collector, Collector Office, Chennai District, Rajaji Salai, Chennai - 600 001.

2.Chennai Metro Rail Limited, Rep. by District Revenue Officer, CMRL Depot, Admin Building, Anna Salai, Nandanam, Chennai - 600 035.

3.The Special Tahsildar, Urban Land Scheme, Now at St.Thomas Mount, Chennai - 600 016.

4.The Assistant Commissioner, Corporation of Chennai, Zone-XII, Alandur, Chennai -16.

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents, to pay suitable compensation as per the market / guideline value of the petition property comprised in S.No.1366/3, Town S.No.59, St.Thomas Mount Village, bearing No.14, Railway Station Road, Alandur, Chennai - 16, Tambaram Taluk, presently Alandur Taluk, Kanchipuram District, measuring an extent of 1628 sq.ft along with 3344 sq.ft building. For Petitioner : Mr.T.Ramachandran For R1 & R3 : Mr.T.Arunkumar, Additional Government Pleader For R2 : Mrs.Rita Chandrasekar (for CMRL)

O R D E R

The relief sought for in the present Writ Petition is to direct the 1st and 2nd respondents, to pay suitable compensation as per the market / guideline value of the petition property comprised in S.No.1366/3, Town S.No.59, St.Thomas Mount Village, bearing No.14, Railway Station Road, Alandur, Chennai - 16, Tambaram Taluk, presently Alandur Taluk, Kanchipuram District, measuring an extent of 1628 sq.ft along with 3344 sq.ft building.

2. The petitioner made a submission that she had purchased a piece of land in S.No.1366/3, Town S.No.59, St.Thomas Mount Village, bearing No.14, Railway Station Road, Alandur, Chennai - 16, Tambaram Taluk, presently Alandur Taluk, Kanchipuram District, measuring an extent of 1628 sq.ft and registered as Document No.1378 of 1999 dated 15.11.1999. The acquisition proceedings are initiated in respect of the subject land belonging to the petitioner and therefore, the petitioner has chosen to file the present Writ Petition.

3. The learned counsel appearing on behalf of the 2nd respondent / Chennai Metro Rail Limited made a submission that the land belonging to the petitioner has not been acquired. The poromboke land situated adjacent to the property belonging to the petitioner was taken for the purpose of Chennai Metro Rail project. Therefore, the learned counsel appearing on behalf of the 2nd respondent / Chennai Metro Rail Limited contended that the petitioner is not an aggrieved person and the land belonged to her was not acquired for the Chennai Metro Rail project. Thus, the question of grant of compensation would not arise at all.

4. This being the submissions made, no further adjudicated needs to be undertaken in this Writ Petition.

5. Accordingly, the Writ Petition stands dismissed. No costs. 21.09.2023 skr Index : Yes Speaking order

To 1.The District Collector, Collector Office, Chennai District, Rajaji Salai, Chennai - 600 001.

2.The District Revenue Officer, Chennai Metro Rail Limited, CMRL Depot, Admin Building, Anna Salai, Nandanam, Chennai - 600 035.

3.The Special Tahsildar, Urban Land Scheme, Now at St.Thomas Mount, Chennai - 600 016.

4.The Assistant Commissioner, Corporation of Chennai, Zone-XII, Alandur, Chennai -16.

S.M.SUBRAMANIAM, J.

skr 21.09.2023