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Madras High CourtWP/27075/2023dismissed

Dindayal Giridharilal v. The Chairman

2023-09-14Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.Dindayal Giridharilal 2.M.V.Arun Kumar ... Petitioners Vs.

1.The Chairman, Chennai Metro Rail Limited.

2.The District Revenue Officer, Chennai Metro Rail Limited.

3.The Surveyor, Chennai Metro Rail Limited.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 27.07.2023 and consequently assess the value of the damage being caused to the petitioner's business by the respondents. For Petitioner : Mr.R.Hashwanth For R1 to R3 : Mrs.Rita Chandrasekar (for CMRL)

O R D E R

The relief sought for in the present Writ Petition is to direct the 2nd respondent to consider the representation.

2. The learned counsel for the petitioners state that Metro Rail project works are causing inconvenience to the petitioners and there is a likelihood of business loss to the petitioners. The said grounds raised based on certain presumptions cannot be considered by this Court in the present Writ Petition. If at all the lands belonging to the petitioners are acquired, then they are entitled for compensation. Admittedly, no such acquisition has taken place as of now and thus, the direction, as such sought for in the present Writ Petition is not entertainable.

3. Accordingly, the Writ Petition stands dismissed. No costs. 14.09.2023 2/2 skr Index : Yes Speaking order

To 1.The Chairman, Chennai Metro Rail Limited.

2.The District Revenue Officer, Chennai Metro Rail Limited.

3.The Surveyor, Chennai Metro Rail Limited.

S.M.SUBRAMANIAM, J.

skr 14.09.2023 2/2