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Madras High CourtWP/35831/2019closed

S.Pauline Jannet v. Estate Officer And Jgm

2022-11-17Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.36721 of 2019 S. Pauline Jannet ... Petitioner Vs.

Estate Officer and Joint General Manager, Chennai Metro Rail Ltd., CMRL Depot, Administrative Building, Poonamalee High Road, Koyambedu, Chennai-600 107 ....Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari calling for the records relating to the demand notice in Rc.No.EST/D.N/land-phase-1/24/2019 dated 13.12.2019 and quash the same and pass orders. For Petitioner : M/s Elizabeth Ravi For Respondents : M/s Jayesh B.Dolia

O R D E R

The petitioner had filed this Writ petition for issuance of a Writ of Certiorari calling for the records relating to the impugned demand notice Rc.No.EST/D.N/land-phase-1/24/2019 dated 13.12.2019 and quash the same.

2. The case of the petitioner is that the petitioner's land was acquired to develop metro rail under Section 4(1) of the Land Acquisition Act, 1894 and compensation was also paid. When this being the case , the respondent issued a demand notice dated 13.12.2019 demanding the petitioner to pay rent as the petitioner is using the CMRL land for his ingress and egress. Aggrieved over the same the petitioner has come up with this writ petition.

3. The learned standing counsel appearing for the respondent submits, on instruction that the respondent will not demand any payment of rent and permits for free ingress and egress to the petitioner and is expressing to withdraw the demand notice.

4. Recording the submission made by the learned standing counsel appearing for the respondent, the respondent is permitted to withdraw the impugned demand notice. Accordingly, this writ petition stands closed. No order as to costs. Consequently the connected miscellaneous petition is closed.

17.11.2022 Index: Yes/ No Internet: Yes/No smn To Estate Officer and Joint General Manager, Chennai Metro Rail Ltd., CMRL Depot, Adminstrative Building, Poonamalee High Road, Koyambedu, Chennai

M.DHANDAPANI,J.

smn and W.M.P.Nos.36721 of 2019 17.11.2022