Rangoli Sarees Limited v. Chennai Metro Rail
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.
of 2024 and W.M.P.No.5910 of 2024 Rangoli Sarees Limited Represented by its Manager and Authorised Signatory Dilip Kumar Khanna No.28, Nungambakkam High Road Nungambakkam, Chennai - 600 034 ... Petitioner Vs.
1. Chennai Metro Rail By its Chief General Manager No.327, Anna Salai, Nandanam Chennai - 600 035
2. The Secretary to Government Planning, Development and Special Initiatives Department Government of Tamil Nadu Fort St. George, Chennai - 600 009
3. The Special District Revenue Office, (LA), Chennai Metro Rail Ltd., No.327, Anna Salai, Nandanam, Chennai - 600 035 1/7
4. Yash Mittal
5. Harsh Mittal ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st to 3rd respondents to consider the representation sent through the petitioner dated 12.02.2024 and pass orders on the same seeking Compensation for the undivided share of land and the Superstructure in the ground floor, owned by the petitioner comprised in Survey No.117/16, Block No.20 (Old Door No.28), Corporation Division No.108, Zone VII, Uthamar Gandhi Salai (Previously Nungambakkam High Road), Egmore Nungambakkam Taluk, measuring about 485 Sq.ft. of Undivided Share of land out of total extent of 4332 Sq.Ft. along with the building therein consisting of Ground Floor measuring about 2317 Sq.Ft. with all connected amenities and privileges in a common as a Person Interested /affected.
For Petitioner : Mr.B.Divakaran For R1 : Mrs.Rita Chandrasekar Standing Counsel for CMRL For R2 and R3 : Mr.A.Selvendran Special Government Pleader
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 1st to 3rd respondents to consider the representation sent through the petitioner dated 12.02.2024 and pass orders on the same seeking Compensation for the undivided share of land and the 2/7
Superstructure in the ground floor, owned by the petitioner comprised in Survey No.117/16, Block No.20 (Old Door No.28), Corporation Division No.108, Zone VII, Uthamar Gandhi Salai (Previously Nungambakkam High Road), Egmore Nungambakkam Taluk, measuring about 485 Sq.ft. of Undivided Share of land out of total extent of 4332 Sq.Ft. along with the building therein consisting of Ground Floor measuring about 2317 Sq.Ft. with all connected amenities and privileges in a common as a Person Interested/affected.
2. The learned counsel for the petitioner submitted the said property was acquired for the purpose of Metro Rail. The petitioner has also right in the said property as a undivided share holder. However, no opportunity was given to the petitioner. Though the petitioner gave a representation, the same was not considered. Hence, the present Writ Petition is filed.
3. Mrs.Rita Chandrasekar, learned Standing Counsel who takes notice for the 1 st respondent/CMRl submitted that summons were issued to the land owners including the petitioner. Despite he was informed to 3/7
produce the title documents, the petitioner did not appear before the competent authority and therefore, a suitable directions may be issued.
4. Mr. A.Selvendran, learned Special Government Pleader takes notice for the respondents 2 and 3. Since no adverse order is being passed against the respondents 4 and 5, notice to the respondents 4 and 5 is dispensed with.
5. Admittedly, the said property was acquired by the CMRL for the purpose of Metro Rail. Though the petitioner stated that his representation was not considered, the learned Standing Counsel appearing for the CMRL submitted that summon was already issued to the petitioner to produce the title documents and the same is not denied by the learned counsel for the petitioner. Under these circumstances, it is for the petitioner to approach the competent authority with required documents.
6. The official respondents are directed to consider the petitioner's representation dated 12.02.2024 and pass orders on merits and in accordance with law if the petitioner approaches the concerned authority 4/7
and produce the required documents.
7. With the above directions, this Writ Petition is disposed of at the admission stage itself. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.
04.03.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 5/7
To
1. Chennai Metro Rail By its Chief General Manager No.327, Anna Salai, Nandanam Chennai - 600 035
2. The Secretary to Government Planning, Development and Special Initiatives Department Government of Tamil Nadu Fort St. George, Chennai - 600 009
3. The Special District Revenue Office, (LA), Chennai Metro Rail Ltd., No.327, Anna Salai, Nandanam Chennai - 600 035 6/7
P.VELMURUGAN. J.
Ksa-2 W.P. No.
of 2024 04.03.2024 7/7