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Madras High CourtWP/8816/2021disposed of

B.Mythile v. The Land Acquisition Officer

2023-09-22Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.9353 and 9354 of 2021 Smt.B.Mythile ... Petitioner Vs.

1.The Land Acquisition Officer, Chennai Metro Rail Limited (Chennai North), Revenue District Officer, North Madras, Revenue District, Tondairpet, Chennai -600 081.

2.The Land Acquisition Officer, Chennai Metro Rail, District Revenue Officer, 216, C.M.R.L. Depot (2nd Floor), Admin Building, Poonamallee High Road, Koyambedu, Chennai - 600 017.

3.R.Baskaran ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, directing to call for the records in Na.Ka.No.571 LC9/LND/CMRL/2020 dated 05.01.2021 on the file of the 2nd respondent and to quash the same and may also be pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 to pay a sum of Rs.24,73,244 being 1/5th share of sale consideration for having

illegally purchased the property situated at No.43, Ramanuja Iyer Street, Old Washermenpet, Chennai - 600 021 for the 3rd respondent or in alternative to part and deliver 1/5th share of the land 2609 sq.ft at Ramanuja Iyer Street, Old Washermenpet, Chennai - 600 021 with delivery of possession. For Petitioner : Dr.G.Krishnamurthy For R1 : Mr.E.Sundaram, Government Advocate For R2 : Mrs.Rita Chandrasekar (for CMRL) For R3 : Not ready in notice

O R D E R

The relief sought for in the present Writ Petition is to call for the records in Na.Ka.No.571 LC-9/LND/CMRL/2020 dated 05.01.2021 on the file of the 2nd respondent and to quash the same and also to direct the respondents 1 and 2 to pay a sum of Rs.24,73,244 being 1/5th share of sale consideration for having illegally purchased the property situated at No.43, Ramanuja Iyer Street, Old Washermenpet, Chennai - 600 021 for the 3rd respondent or in alternative to part and deliver 1/5th share of the land 2609 sq.ft at Ramanuja Iyer Street, Old Washermenpet, Chennai - 600 021 with delivery of possession.

2. The learned counsel appearing on behalf of the Chennai Metro Rail Limited brought to the notice of this Court that the issues are settled between the land owner and the Chennai Metro Rail Limited by way of negotiation. The compensation due to the erstwhile land owner to the tune of Rs.1,23,66,121/- has been settled through

Corporation Bank by way of a Cheque dated 06.09.2016. If at all the petitioner is having any internal dispute within the family or against the 3rd respondent, it is for the petitioner to resolve the same in the manner contemplated under law.

3. As far as the Chennai Metro Rail Limited is concerned, they have settled the compensation by verifying the title documents and accordingly, settled the same in favour of the 3rd respondent.

4. Accordingly, the Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. 22.09.2023 skr Index : Yes Speaking order To 1.The Land Acquisition Officer, Chennai Metro Rail Limited (Chennai North), Revenue District Officer, North Madras, Revenue District, Tondairpet, Chennai -600 081.

S.M.SUBRAMANIAM, J.

skr 2.The Land Acquisition Officer, Chennai Metro Rail, District Revenue Officer, 216, C.M.R.L. Depot (2nd Floor), Admin Building, Poonamallee High Road, Koyambedu, Chennai - 600 017.

22.09.2023