S.Shanthi v. The Estate Officer And Joint General Manager (Jgm)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2025 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.31808 of 2024 1.Tmt.S.Shanthi 2.Tmt.B.Roseline 3.Mr.A.Joseph 4.Mr.A.vincent 5.Mr.A.Louis ....
Petitioners -Vs1.The Estate Officer and Joint General Manager (JGM) Chennai Metro Rail Limited CMRL, Depot, Admin Building Poonamallee High Road Koyambedu Chennai-107.
2.The Temple Steps Owners Association Rep.by its Secretary "Temples Steps" 184-187, Anna Salai Little Mount, Saidapet Chennai 600 015.
3.Mr.Vijayakumar 4.Mr.Kantilal ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent herein to disburse the 1 / 4
1/14 Share which is a sum Of Rs.17,08,726 /- (Rupees Seventeen Lakhs Eight Thousand Seven Hundred and Twenty Six only) together with interest at 9% p.a. from the date of filing of the writ petition till the date of disbursement of the amount which is available as on August 2018 pursuant to the acquisition of land measuring 1738 sq.ft out of the total extent of 1.87 acres of the land situated at old No. 38/1-L60 Old No.58- 59, new No.184-187 Anna Salai Little Mount Saidapet Chennai- 600 015 - T.S. No. 24/1 Block No.8 Adyar Zamin Village, Mambalam-Guindy Taluk within the time stipulated by this Honble Court.
For Petitioners : Mr.C.Sivanesan For Respondents : Mrs.Rita Chandrasekar Standing Counsel for R1 No appearance for R2
O R D E R
This writ petition has been filed for the issue of a writ of mandamus directing the 1st respondent to disburse 1/14th share i.e., Rs.17,08,726/- along with interest towards the compensation amount that was fixed on acquisition of the property made by the Chennai Metrol Rail Limited.
2.Heard Mr.C.Sivanesan, learned counsel for the petitioners and Mrs.Rita Chandrasekar, learned Standing Counsel for R1. There is no appearance for the 2nd respondent either in person or through counsel. 2 / 4
3.It is brought to the notice of this Court that there was an understanding between the 2nd respondent herein and the 1st respondent and accordingly the total compensation amount was agreed at Rs.31/-lakhs. This is apart from the earlier payment that was made to the Association to the tune of Rs.2,08,22,162/-. The petitioners are claiming 1/14th share out of the compensation amount. The learned Standing Counsel appearing on behalf of the 1st respondent submitted that the entire compensation amount has been paid to the Association and they have also acknowledged the same by way of a receipt and therefore, there is no other amount that is due and payable on the part of the 1st respondent. 4.
In the light of the specific stand that has been taken by the 1st respondent, the relief as sought for in this writ petition cannot be granted by this Court. If at all, the petitioners have any right to claim 1/14th share in the compensation, they can only claim it from the 2nd respondent Association who have already received the entire compensation amount. The learned counsel for the 2nd respondent submitted that the petitioners do not have any right to claim for compensation. 5.it is not necessary for this Court to go into the dispute between the petitioners and the 2nd respondent and if the petitioners want to make such a claim, it is left open to them to workout their remedy in the manner known to law.
N.ANAND VENKATESH, J.
KP 6.This writ petition is disposed of in the above terms. No costs. 06.02.2025 2/2 Index : Yes/No NCS : Yes/No KP To The Estate Officer and Joint General Manager (JGM) Chennai Metro Rail Limited CMRL, Depot, Admin Building Poonamallee High Road Koyambedu, Chennai-107.
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