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Madras High CourtWP/36425/2023disposed of

Bhaskaran v. The Chennai Metro Rail Limited

2024-01-03Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Bhaskaran ... Petitioner Vs.

1. The Chennai Metro Rail Limited Represented by its Managing Director No.327, Anna Salai Nandanam, Chennai - 600 035

2. The Special District Revenue Officer (Land Acquisition) Chennai Metro Rail Limited Nandanam, Chennai - 600 035 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to grant sufficient time to vacate the premises situated in Block F/15, Survey No.20 of an extent of 2765 Sq.ft. at Vanuvampet, Alandur.

For Petitioner : Mr.Krishnasamy Chinnasamy For R1 : Mrs. Rita Chandrasekar Standing Counsel for CMRL For R2 : Ms.Akila Rajendran Government Advocate 1/5

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents to grant sufficient time to vacate the premises situated in Block F/15, Survey No.20 of an extent of 2765 Sq.ft. at Vanuvampet, Alandur.

2. The contention of the petitioner is that the subject property of the petitioner has been acquired by the respondents for the implementation of the Chennai Metro Rail Project, Phase-2, Corridor-5. The petitioner's family has been living in the subject property for more than five decades as joint family and there are 7 shops and 4 houses in the said premises. The deposit amount of the tenants has to be repaid and that the petitioner has to find a place to relocate his family. The petitioner is willing to hand over the possession however, he only seeks breathing time to do the same. Hence, the present writ petition is filed seeking to grant sufficient time to vacate the premises.

3. Mrs. Rita Chandrasekar, learned Standing Counsel for CMRL appearing for the 1st respondent submitted that they have already started the project and that the subject property is required for the implementation of the same.

4. Heard both sides and perused the materials available on record. 2/5

5. Admittedly, the subject property has already been acquired by due process of law. Now the petitioner only seeks breathing time to vacate the premises.

6. Considering the submissions made by the learned counsel on either side, time is granted to the petitioner to till 24.01.2024 to vacate the premises and he shall hand over the Key to the respondents on 25.01.2024 failing which, the respondents shall take over the property after 25.01.2024.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

03.01.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Chennai Metro Rail Limited Represented by its Managing Director No.327, Anna Salai Nandanam, Chennai - 600 035

2. The Special District Revenue Officer (Land Acquisition) Chennai Metro Rail Limited Nandanam, Chennai - 600 035 4/5

P.VELMURUGAN. J.

Ksa-2 03.01.2024 5/5