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Madras High CourtWP/9050/2016disposed of

M.Sunderamurthy, v. The Managing Director,

2021-09-28Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.9050 of 2016 M.Sunderamurthy

...Petitioner

Vs

1. The Managing Director, Chennai Metro Rail Project Ltd., (CMRL Depot) (A JV of Government of India & Government of Tamil Nadu) Administration Building, Poonamallee High Road, Koyambedu, Chennai - 600 107.

2. The Commercial Manager, Chennai Metro Rail Project, Nehru Park, Kilpauk, Chennai - 600 010

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to award compensation and damages caused to the petitioner to an extent of Rs.10,00,000/- for the grievous injuries sustained to the petitioner because of the negligence in laying the Iron plates in the road to cover up the pits on the road by the respondents.

For Petitioner : Mr.S.Velmurugan For Respondents : Mr.Jayesh Dolia For M/s.Aiyar and Dolia [For R1 & R2]

O R D E R

The relief sought for in the present writ petition is to direct the respondents to award compensation and damages caused to the petitioner to an extent of Rs.10,00,000/- for the grievous injuries sustained to the petitioner because of the negligence in laying the Iron plates in the road to cover up the pits on the road by the respondents.

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2. However, this Court cannot determine the extent of damages caused and the quantum of compensation to be granted. To determine the compensation, an adjudication is required by the competent authority. The petitioner has to establish his case through documents and evidences. Thus, an adjudication is required with reference to the disputed facts between the parties.

3. In this view of the matter, the petitioner is at liberty to approach the competent Forum for the purpose of adjudication of the issues in the manner known to law.

4. With these observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kak To

1. The Managing Director, Chennai Metro Rail Project Ltd., (CMRL Depot) (A JV of Government of India & Government of Tamil Nadu) Administration Building, Poonamallee High Road, Koyambedu, Chennai - 600 107.

2. The Commercial Manager, Chennai Metro Rail Project, Nehru Park, Kilpauk, Chennai - 600 010 +1cc to Mr.S.Velmurugan, Advocate, S.R.No.50083 +1cc to Mr.Jayesh Dolia, Advocate, S.R.No.50307 W.P.No.9050 of 2016 PCH[co] NSK 13/10/2021 https://hcservices.ecourts.gov.in/hcservices/