T.Radhakrishnan v. The Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.28370 of 2021 and W.M.P.No.29951 of 2021
1. T.Radhakrishnan
2. Anitha Krishnan
...Petitioners
-Vs1. The Chief Secretary, State of Tamil Nadu, Fort St. George, Chennai - 600009.
2. The Commissioner of Land Administration, Ezhilagam, Chennai - 600005.
3. The District Revenue Officer, Project Implementation Officer, Chennai Metro Rail Limited, 11/6, Seethammal Road, Alwarpet, Chennai - 600018.
4. The Special Tahsildar (L.A), Chennai Unit-II, Chennai Metro Rail Limited, Chennai - 86.
5. The Managing Director, Chennai Metro Rail Corporation Limited, Admin-Building, CMRL Depot, Poonamallee High Road, Chennai - 600107.
...Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to award compensation to the petitioners according the provisions of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" towards reduction of UDS to an extent of 308.77 sq.ft of land relating to their Residential Flat bearing No. B2, in Plot No. 93, Door No. A-3, Second Floor (Rear Side), "Zach's Enclave" A-Block, 2nd Avenue, Anna Nagar, Chennai - 600102, that arises out of the land acquisition as stated supra, with interest from the date of
acquisition and also to compensate the rental loss incurred for the period from 2012 to 2017 in the interest of justice. For Petitioners : Mr.K.Koteswara Rao For R1 to R4 : Mr.C.Kathiravan Special Government Pleader
ORDER
This writ petition has been filed for the issuance of Writ of Mandamus, directing the respondents to award compensation to the petitioners according the provisions of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" towards reduction of UDS to an extent of 308.77 sq.ft of land relating to their Residential Flat bearing No. B2, in Plot No. 93, Door No. A-3, Second Floor (Rear Side), "Zach's Enclave" A-Block, 2nd Avenue, Anna Nagar, Chennai - 600102, that arises out of the land acquisition as stated supra, with interest from the date of acquisition and also to compensate the rental loss incurred for the period from 2012 to 2017 in the interest of justice. 2.
Heard Mr.K.Koteswara Rao, learned counsel appearing for the petitioners and Mr.C.Kathiravan, learned Special Government Pleader, appearing for the respondents 1 to 4. 3.
Without expressing any opinion on the merits of the writ petition, the third respondent is directed to consider the representation of the petitioners, dated 15.10.2021, after giving an opportunity of hearing to the petitioners and the counter parties if any, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
4.
With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mn/sha To
1. The Chief Secretary, State of Tamil Nadu, Fort St. George, Chennai - 600009.
2. The Commissioner of Land Administration, Ezhilagam, Chennai - 600005.
3. The District Revenue Officer, Project Implementation Officer, Chennai Metro Rail Limited, 11/6, Seethammal Road, Alwarpet, Chennai - 600018.
4. The Special Tahsildar (L.A), Chennai Unit-II, Chennai Metro Rail Limited, Chennai - 86.
5. The Managing Director, Chennai Metro Rail Corporation Limited, Admin-Building, CMRL Depot, Poonamallee High Road, Chennai - 600107.
+1cc to the Government Pleader, S.R.No.1250 +1cc to Mr.H.Mohammed Farook, Advocate, S.R.No.276 W.P.No.28370 of 2021 and W.M.P.No.29951 of 2021 CA(CO) KKV/01/02/2022