Baskaran v. The Chennai Metro Rail Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.12.2023 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.13028 of 2023 --- Bhaskaran, S/o Balaraman .. Petitioner Vs.
1. The Chennai Metro Rail Limited, Represented by its Managing Director, No.327, Anna Salai, Nandanam, Chennai-600 035.
2. The Special District Revenue Officer, (Land Acquisition), Chennai Metro Rail Limited, Nandanam, Chennai-600 035.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 14.03.2013 and 13.04.2023 to compute the actual area of the petitioner's house site of an extent of 2765 Sq.Ft. as per the Document registered at SRO, Alandur and Fair compensation to be paid under RFCTLARR Act, 2013 within a reasonable time, on merits. For petitioner : Mr.Krishnasamy Chinnasamy For respondents: Mrs.Rita Chandrasekar, Standing Counsel for R-1 1 / 4
Mr.Yogesh Kannadasan, Spl.G.P. for R-2
ORDER
The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 14.03.2013 and 13.04.2023 to compute the actual area of the petitioner's house site of an extent of 2765 Sq.Ft. as per the Document registered at SRO, Alandur and Fair compensation to be paid under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a reasonable time, on merits.
2. Learned counsel appearing for the first respondent/CMRL submitted that already, the Award has been passed and summons/notices for enquiry had also been sent and the petitioner never appeared for the enquiry and after that, the required land was acquired and also since the petitioner has not appeared and come forward to collect the compensation amount, the same was deposited before the Civil Court in No.97/23, i.e. before the Principal District Court, Kancheepuram, Chengalpet District, on 27.11.2023 and therefore, it is for the petitioner to work out his remedy in the manner known to law. Since already notice was issued and also since the petitioner has not appeared and addressed his grievance/objections at 2 / 4
the appropriate time and therefore, now the petitioner cannot seek relief sought for in this Writ Petition.
3. Therefore, the Writ Petition is dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law. There shall be no order as to costs.
19.12.2023 cs To
1. The Chennai Metro Rail Limited, Represented by its Managing Director, No.327, Anna Salai, Nandanam, Chennai-600 035.
2. The Special District Revenue Officer, (Land Acquisition), Chennai Metro Rail Limited, Nandanam, Chennai-600 035.
3 / 4
P.VELMURUGAN, J cs W.P.No.13028 of 2023 19.12.2023 4 / 4