The Managing Director v. S.Saranath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR JUSTICE K.KUMARESH BABU W.A.No.447 of 2019 and CMP.No.4035 of 20190 The Managing Director, Chennai Metro Rail Limited, "Harini Towers"

No.7, Coron Smith Road, Gopalapuram, Chennai-600 086.

presently at Admin Building, CMRL Depot, Poonamallee High Road, [Opposite to Daniel Thomas School] Koyambedu, Chennai-600 107.

... Appellant vs.

1.S.Saranath 2.S.Manivannan 3.Jayanthi 4.The State Rep by the Principal Secretary to the Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai-600 009.

5.The Member Secretary, M/s.Chennai Metropolitan Development Department, Fort St.George, Secretariat, Chennai-600 009.

6.The District Collector, Chennai District, Singaravelar Maligai, No.62, Rajaji Salai, Chennai-600 001.

7.The Special Deputy Collector, Land Acquisition Cell, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

..

Respondents PRAYER: Writ Appeal filed under under Clause 15 of the Letters Patent against the order dated 09.02.2018 made in Rev.Appl.No.51 of 2016 in W.P.No.28313 of 2016.

For Appellant : Mr.P.Wilson, Senior Counsel for Mrs.Rita Chandrasekar For Respondents :

Mr.M.Anandaraj for R1 to R3 Mrs.P.Veenasuresh for CMDA for R5 Mr.P.Balathandayutham, Special Government Pleader for R4, R6 & R7

J UDGMENT [Order of the Court was made by D.KRISHNAKUMAR, J.] This Intra Court appeal has been preferred by the appellant, namely Chennai Metro Rail Limited, as against the order dated 09.02.2018 made in Rev.Appl.No.51 of 2016 in W.P.No.28313 of 2016.

2. During the course of arguments, it is submitted by the learned counsel for the parties that they had entered into a compromise and a Joint Memo dated 10.03.2024 has been filed before this Court, in and by which the respondents have arrived at an settlement during private negotiation and also agreed that they will not claim any interest and solatium for the amount settled through private negotiation.

3. According to the learned Senior Counsel for the appellant, the amount arrived under private negotiation has already been deposited and the same has been withdrawn by the claimants.

4. In view of the Joint Memo entered into between the parties, the impugned order dated 09.02.2018 in Rev.Appl.No.51 of 2016 in W.P.No.28313 of 2016 is set aside in respect of interest and solatium alone. The Joint Memo dated 10.03.2024 is taken on record and it forms part of this order. It is made clear that in view of the joint memo entered between the parties, the lands vest with the Metro Rail Department.

5. This Writ Appeal stand allowed to the extent, insofar as interest and solatium alone. No costs. Consequently, connected miscellaneous petition is closed.

(D.K.K., J.) (K.B., J.) 15.04.2024 Intex : Yes/No Internet : Yes/No Jvm 1.The Principal Secretary to the Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Member Secretary, M/s.Chennai Metropolitan Development Department, Fort St.George, Secretariat, Chennai-600 009. 3.The District Collector, Chennai District, Singaravelar Maligai, No.62, Rajaji Salai, Chennai-600 001.

4.The Special Deputy Collector, Land Acquisition Cell, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

D.KRISHNAKUMAR, J.

and K.KUMARESH BABU, J.

Jvm W.A.No.447 of 2019 15.04.2024