P.Juliet Helen v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.09.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.27805 of 2023 and W.M.P No.27305 of 2023 1.P.Juliet Helen 2.P.Thamson Dayal 3.P.Jesus Celin 4.P.John Leo
...Petitioners
Vs.
1.The Principal Secretary / Managing Director, Chennai Metro Rail Limited, Nanthanam, Chennai - 600 035.
2.The Assistant Commissioner, Office of the Assistant Commissioner, (Tamil Nadu Urban Land Tax) T.Nagar, No.130, R.K.Madam Road, Mylapore, Chennai - 600 004.
3.The Special District Revenue Officer, Chennai Metro Rail Limited, Nanthanam, Chennai - 600 035.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider and pass order for compensation of the petitioner's land and building and other compensation to petitioner 's property bearing Survey No.59/2B, T.S.No.115, 1/4
to an extent of 97 Sq.Mt., situated at No.119, Kaliamman Koil Street, Virugambakkam, Chennai -92.
For Petitioners : Mr.L.Rajendran For Respondent 1 & 3 : Mrs.Rita Chandrasekar Standing Counsel (CMRL) For Respondent 2 : Mrs.S.Anitha Special Government Pleader
O R D E R
The petitioners herein seek issue of writ of mandamus directing the 1st respondent to consider and pass orders for payment of compensation for the petitioners' land bearing Survey No.59/2B, T.S.No.115, to an extent of 97 Sq.Mt., situated at No.119, Kaliamman Koil Street, Virugambakkam, Chennai -92.
2.When the matter is taken up for hearing, Mrs.Rita Chandrasekar, learned Standing Counsel (CMRL) appearing for the 1st respondent on instructions, submits that the compensation amount in respect of the land has been deposited before the learned Principal Judge, City Civil Court, Chennai and the fact of deposit was also intimated to the petitioners by a letter dated 11.09.2023 and the same was acknowledged by the petitioners on 16.09.2023. 2/4
3.The learned counsel appearing for the petitioners does not dispute the said submission of the learned counsel appearing for the 1st respondent. 4.In view of the fact that the amount of compensation is already deposited before the learned Principal Judge, City Civil Court, it is for the petitioners to file appropriate application before the City Civil Court for withdrawal of the said amount. The learned counsel for the petitioners submitted his request for enhancement of the compensation may be considered. The said request cannot be considered by the Writ Court. It is for the petitioners to file appropriate petition seeking enhancement. 5.With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 25.09.2023 (2/2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No 3/4
nti S.SOUNTHAR , J.
nti To 1.The Principal Secretary / Managing Director, Chennai Metro Rail Limited, Nanthanam, Chennai - 600 035.
2.The Assistant Commissioner, Office of the Assistant Commissioner, (Tamil Nadu Urban Land Tax) T.Nagar, No.130, R.K.Madam Road, Mylapore, Chennai - 600 004.
3.The Special District Revenue Officer, Chennai Metro Rail Limited, Nanthanam, Chennai - 600 035.
W.P No.27805 of 2023 25.09.2023 4/4