Gk Abdul Rehman vs The State Of Tamil Nadu
2021 Latest Caselaw 21421 Mad

                                                                                WA.No.1114 of 2019



                                        In the High Court of Judicature at Madras

                                                      Dated : 26.10.2021

                                                           Coram :

                                            The Honourable Mr.Justice T.RAJA

                                                             and

                               The Honourable Mr.Justice D.BHARATHA CHAKRAVARTHY

                                   Writ Appeal No.1114 of 2019 & CMP.No.8032 of 2019


                GK Abdul Rehman                                                       ...Appellant
                                                             Vs

                1.The State of Tamil Nadu, rep.by
                  the Secretary to Government,
                  Revenue Department, Secretariat,
                  Chennai-9.

                2.The Chennai Metro Rail Ltd.,
                  Administrative Building, CMRL
                  Depot, Koyambedu, Chennai-107                                       ...Respondents

APPEAL under Clause 15 of the Letters Patent against the order

dated 07.12.2018 passed in W.P.No.10509 of 2017.

                                    For Appellant :          Mr.N.Muralikumaran for
                                                             M/s.McGan Law Firm
                                    For Respondent-1 :       Mr.T.Arunkumar, GA
                                    For Respondent-2 :       Mr.P.Wilson, SC for
                                                             Mr.Jayesh B.Dolia




https://www.mhc.tn.gov.in/judis/

                                                                              WA.No.1114 of 2019



                                      Judgment was delivered by T.RAJA,J

We have heard the learned counsel on either side.

2. This writ appeal is directed against the order dated 07.12.2018

passed by the learned Single Judge in W.P.No.10509 of 2017.

3. During the pendency of this appeal, a subsequent development

has taken place. The second respondent herein resolved to allot the

commercial spaces to the interested persons on walk in/first cum first

served basis in order to boost the commercial activities in the acquired

spaces of the second respondent like metro stations and augment

revenue for them. When an option was given to the appellant, he

submitted his application bearing Ref.No.CMRL-TPL-19, 7349 for the

allotment of kiosk space. The said application was accepted by the

Competent Authority and a LOA dated 04.1.2020 was addressed to the

appellant to execute the terms and conditions of the allotment within 30

days of the date of receipt of the same. It appears that the appellant

failed to get back. Therefore, the said offer appears to have been lapsed.

4. But, the reply given by the learned counsel for the appellant

indicates that only during serious pandemic situation coupled with the lock

down imposed by both the Central and the State Governments, advising

citizens not to venture outside so as to maintain social distancing, the

appellant did not come forward.

https://www.mhc.tn.gov.in/judis/

WA.No.1114 of 2019

5. As a result, the appellant was unable to pursue the offer given by

the second respondent.

6. Mr.N.Muralikumaran, learned counsel appearing for the appellant,

by filing a rejoinder affidavit, has stated that the appellant being a project

affected oustee of two shops, he sought for any one of the shops either at

the High Court Metro Station or in the upcoming multi-storied commercial

complex at the Central Station. The said offer appears to be reasonable to

us for the reason that he is one of the project affected oustees. Secondly,

the second respondent also, during the pendency of this appeal, has come

forward with an offer to allot commercial spaces and the appellant also

gave an application for allotment of kiosk space in Anna Nagar East UG

Metro Station, Corridor II on 23.11.2019 and the said application was also

accepted by the second respondent/Competent Authority and thereafter,

a Letter of Acceptance (LoA) dated 04.01.2020 was addressed to him to

execute the terms and conditions of the allotment within 30 days from the

date of receipt of LoA. But, the appellant has failed to respond to the

same in view of lock-down imposed by the State Government due to

COVID-19.

7. However, since the second respondent/Competent Authority has

accepted the application of the appellant for allotment of kiosk space,

they are directed to process his application dated 23.11.2019 and allot

any one of the shops/kiosk either in High Court Metro Station or in the

https://www.mhc.tn.gov.in/judis/

WA.No.1114 of 2019

upcoming Multi-storey Commercial Complex.

8. Accordingly, the writ appeal is disposed of by directing the

second respondent to consider the present offer of the appellant,

however, subject to terms and conditions, since the appellant is one of

the project affected oustees of two shops in the aforesaid places. No

costs. Consequently, the connected CMP is closed.

26.10.2021 To

1.The Secretary to Government of Tamil Nadu, Revenue Department, Secretariat, Chennai-9.

2.The Chennai Metro Rail Ltd., Administrative Building, CMRL Depot, Koyambedu, Chennai-107

RS

https://www.mhc.tn.gov.in/judis/

WA.No.1114 of 2019

T.RAJA,J AND D.BHARATHA CHAKRAVARTHY,J

RS

WA.No.1114 of 2019 & CMP.No.8032 of 2019

26.10.2021

https://www.mhc.tn.gov.in/judis/