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Madras High CourtWP/9153/2020closed

Karur Vysya Bank Ltd v. The Estate Officer And Jgm

2022-11-17Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.1166,1167 and 11257 of 2020 Karur Vysya Bank Limited Divisional Office " KVB Towers"

first Floor No. 568, Anna Salai, Teynampet, Chennai - 600 018 Represented by Deputy General Manager Mr.V. Anburaj ... Petitioner Vs.

1. The Estate Officer & JGM Chennai Metro Rail Limited CMRL Depot, Administrative Building Poonamallee High Road, Koyambedu, Chennai - 600 107.

2. The Special Tahsildar, Land Acquisition Offce, Chennai Metro Rail Ltd., Gopalapuram, Chennai - 600 001.

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 notice Rc.No.EST/D.N/land-phase-1/04/2019 dated

13.12.2019 passed by the first respondent and quash the same as illegal, arbitrary,devoid of merit and pass orders.

For Petitioner : Mr.N.P.Vijaykumar For Respondents 1 and 2 : Mr. K.M.D. Muhilan Government Advocate For Respondent-3 : M/s Jayesh B.Dolia C O M M O N 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-1/04/2019 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.17/2011-12 of 2011 dated 09.05.2012, pursuant to which the petitioner filed LAOP ( Land Acquisition Original Petition) in LAOP No.60 of 2013 against the respondents and the same is pending. When this being the case, the first 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 first respondent submits, on instruction that the first 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 first respondent, the first 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 are 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.1166 and 11257 of 2020 17.11.2022