Dharma Thoppu Trust / Arakkattalai v. The Special Tahsildar
In the High Court of Judicature at Madras Dated : 25.11.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.33980 of 2024 & WMP.No.36790 of 2024 Dharma Thoppu Trust/ Arakkattalai, rep.by its Managing Trustee Mr.Hem Promoth
...Petitioner
Vs 1.The Special Tahsildar, Land Acquisition, Chennai Metro Rail, Chennai.
2.The Managing Director, Chennai Metro Rail Project Ltd., Nandhanam, Chennai-35.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to appoint a committee to fix a fair compensation amount for the property acquired by the respondents to the extended area of 5 acres and 3 grounds out of total extended area 7 acres and 46 cents bearing old survey No.166 and new survey No.33, vide patta No.19, which is situated at Villivakkam Village, Aminjikarai Taluk, Chennai. For Petitioner :
Mr.S.Natarajan For R1 :
Mr.A.Selvendran, SGP For R2 :
Mrs.Rita Chandrasekar, Standing Counsel 1/4
ORDER
The writ petition has been filed seeking to direct the second respondent to appoint a committee to fix a fair compensation amount for the property acquired by the first respondent to the extended area of 5 acres and 3 grounds out of total extended area 7 acres and 46 cents bearing old survey No.166 and new survey No.33, vide patta No.19, which is situated at Villivakkam Village, Aminjikarai Taluk, Chennai.
2. Heard the learned counsel for the petitioner, the learned Special Government Pleader accepting notice for the first respondent and the learned Standing Counsel accepting notice for the second respondent.
3. It is brought to the notice of this Court that the issue involved in this writ petition is already the subject matter of L.A.O.P.Nos.4 and 5 of 2024 on the file of the Principal Judge, City Civil Court, Chennai. It is well open to the petitioner to raise all the defences before the said Court.
4. The main grievance of the petitioner is that they are the owners of the property in question and have had a decree passed by 2/4
the civil court in this regard. However, totally disregarding the above fact, the compensation is not yet received by the petitioner trust.
5. The very same land acquisition proceedings was also the subject matter of W.P.No.7472 of 2024 and this Court, by order dated 15.11.2024, disposed of the said writ petition directing the parties to appear and raise all the contentions in the pending L.A.O.P.Nos.4 and 5 of 2024 on the file of the Principal Judge, City Civil Court, Chennai.
6. In the above circumstances, the writ petition is also disposed of with a direction to the petitioner trust to work out their remedy before the Principal Judge, City Civil Court, Chennai in the pending L.A.O.P.Nos.4 and 5 of 2024. No costs. Consequently, the connected WMP is closed.
25.11.2024 To 1.The Special Tahsildar, Land Acquisition, Chennai Metro Rail, Chennai.
2.The Managing Director, Chennai Metro Rail Project Ltd., Nandhanam, Chennai-35.
RS 3/4
P.T.ASHA,J RS WP.No.33980 of 2024& WMP.No.36790 of 2024 25.11.2024 4/4