T.Bhaskaran vs The Managing Director
2023 Latest Caselaw 7331 Mad

                                                                        WP Nos.12905 and 18943 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 30-06-2023

                                                      CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                          WP Nos.12905 and 18943 of 2023
                                                        And
                                       WMP Nos.12695, 18186 and 18188 and 2023



                     T.Bhaskaran                          ... Petitioner in both WPs


                                                         Vs.


                     The Special District Revenue Official (LA),
                     CMRL Administrative Office,
                     Anna Salai,
                     Nandanam,
                     Chennai-600 035.                       ... R-1 in WP No.12905/2023


                     The Special District Revenue Official (LA),
                     CMRL Administrative Office,
                     Koyambedu,
                     Chennai-600 107.                       ... R-1 in WP No.18943/2023

                     The Managing Director,
                     Chennai Metro Rail Limited,
                     Metros, 327, Anna Salai,
                     Nandanam,
                     Chennai-600 035.                     ... R-2 in both WPs

                     Page 1 of 12



https://www.mhc.tn.gov.in/judis
                                                                             WP Nos.12905 and 18943 of 2023




                                  WP No.12905 of 2023 is filed under Article 226 of the Constitution
                     of India for issuance of a Writ of Certiorarified Mandamus, calling for the
                     records in Award No.C3/006/2021 dated 31.03.2022 on the file of the first
                     respondent herein quash and consequently direct the respondents to acquire

my property 1614.6 sq. ft., out of 3710 sq. ft., comprised in old Survey No.2650 Re-Survey No.2355/1 CC No.516, at Purasaivakkam Village, Purasaivakkam Taluk, Chennai District.

WP No.18943 of 2023 is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records in Form E dated 12.05.2023 on the file of the first respondent quash and consequently direct the respondents not to proceed further based on void Award No.C3/006/2021 dated 31.03.2022 on the file of the first respondent herein.

For Petitioner in both WPs : Mr.B.Manoharan

For Respondent-1 in both WPs : Mr..Arunkumar, Additional Government Pleader.

For Respondent-2 in both WPs : Ms.Rita Chandrasekar

https://www.mhc.tn.gov.in/judis WP Nos.12905 and 18943 of 2023

COMMON ORDER

The order passed by the Special District Revenue Officer (Land

Acquisition), Chennai Metro Rail Limited in proceedings dated 12.05.2023

is sought to be quashed in these writ petitions and a direction is sought for

against the respondents not to proceed further based on the Award No. C3/

006/2021 dated 31.03.2022 on the file of the first respondent.

2. The petitioner states that he is the owner of the property at

No.53, Strahans Road, Pattalam undivided share measuring 50% out of

3710 sq.ft., comprise din old Survey No.2650 Re-Survey No.2355/1 CC

No.516, at Purasaivakkam, Purasaivakkam Taluk, Chennai District and

purchased the same through a registered Sale Deed dated 09.06.1982 vide

document No.1027 of 1982. The petitioner further states that the Award has

been passed against the dead person Mr.Lakshmana Mudaliar and therefore,

the Award itself is void.

3. It is contended that the Authorities cannot proceed based on

the Award passed against the dead person and the petitioner during the

https://www.mhc.tn.gov.in/judis WP Nos.12905 and 18943 of 2023

Award enquiry submitted all the relevant documents, which were not

considered by the Authorities. Thus the Award itself is to be set aside and

fresh proceedings are to be instituted by the Authorities for acquisition.

4. The learned counsel for the petitioner in this regard relied on

the judgment of Hon'ble Division Bench this Court in the case of

Savithiriammal vs. State of Tamil Nadu [(2006) 3 MLJ 389]. The said

case was relating to the provisions of the Land Acquisition Act (Act 1 of

1894).

5. Relying on the abovesaid judgment, the learned counsel for

the petitioner reiterated that “land acquisition proceedings initiated by

issuance of notification in the name of a dead person are void ab initio”.

6. With reference to the above contentions and the judgment

relied on by the petitioner, the learned Additional Government Pleader,

appearing on behalf of the first respondent in both these writ petitions, relied

on the counter-affidavit filed by the first respondent, more specifically, in

paragraphs 12 and 13 read as under:-

https://www.mhc.tn.gov.in/judis WP Nos.12905 and 18943 of 2023

“12. I respectfully submit that with regard to the averment made in paragraph 8(v) and 8(vi) of the affidavit, the petitioner had not furnished any documents, evidences or proof to establish that he is having 50% of the un-divided share over the land parcel in Block 37, Re- Survey No.2355/85, Purasawalkam Town and Taluk. I respectfully submit that the petitioner had not furnished the copy of the alleged Sale Deed in which the fact of the demise of Thiru Lakshmana Mudaliar.

13. I respectfully submit that with regard to the averment made in paragraph 8(vii) of the affidavit, the petitioner and Thiru Karunakaran had appeared for the Award enquiry posted on 28.10.2021 and the latter had deposed that he had constructed house and shops in the undivided share of the land of Block 37, Re- Survey No.2355/85, Purasawalkam Town and Taluk without furnishing any records. I respectfully submit that the petitioner and Thiru Karunakaran claim rights over the land parcel in Block 37, Re-Survey No.2355/85, Purasawalkam Town and Taluk, the first respondent had come

https://www.mhc.tn.gov.in/judis WP Nos.12905 and 18943 of 2023

to the conclusion to deposit the compensation amount with regard to the acquisition of the land measuring 150 sq.mts/1,614.6 square feet under Civil Deposit on the file of the Hon'ble Principal City Civil Court, Chennai. Accordingly, the Special Tahsildar (LA) had remitted the compensation amount under the Court Deposit on 28.12.2022.” In view of the above counter-affidavit filed by the first respondent, the

judgment, cited supra, is of no avail to the petitioner.

7. The learned counsel appearing on behalf of the second

respondent brought to the notice of this Court that already LAOP No.55 of

2023 has been instituted on 05.04.2023 and the petitioner is at liberty to

raise his objections before the LAOP Court for redressal of his grievances, if

any exists.

8. In this regard, it is stated in the counter-affidavit filed by the

first respondent that the Special Tahsildar (Land Acquisition), Chennai

Metro Rail Limited in Notice No.LAOP No.55 of 2023 dated 31.03.2023,

had communicated the details of the remittance of the compensation amount

https://www.mhc.tn.gov.in/judis WP Nos.12905 and 18943 of 2023

in the account of the Principal City Civil Court, Chennai and the Land

Acquisition Original Petition numbered in this regard as 55 of 2023, will be

heard on 13.04.2023. The said notice was served on Tvl.Karunakaran and

Prabhakaran on 05.04.2023 and the said case was listed for hearing on

18.07.2023.

9. Pertinently, the Land Acquisition Officers are proceeding on

the basis of the revenue records available. At the time of initiation of

acquisition proceedings, the Authorities may not be aware of the death of the

persons and they issued notification based on the revenue records.

10. If at all the death of the person has been brought to the

notice of the Authorities or if they come to know about the death of a

person, thereafter, appropriate actions are to be initiated to issue further

notice to the legal heirs of the death person.

11. The Competent Authorities cannot be expected to conduct

an enquiry at the time of issuance of acquisition notification regarding the

death of a person or otherwise. If at all a person claiming that the owner of

https://www.mhc.tn.gov.in/judis WP Nos.12905 and 18943 of 2023

the property has died, then the person claiming right over the property has to

furnish the relevant documents to establish his rights.

12. The documents submitted by the interested persons are to

be scrutinised by the Competent Authorities for the purpose of grant of

compensation in the manner known to law.

13. In these cases, no doubt, an Award was passed against the

person, who is no more now. However, subsequently the Authorities have

initiated all further actions and notice was issued to the petitioner in LAOP

proceedings and that apart, Chennai Metro Rail Limited has already taken

possession of the subject property and the Project is under progress.

14. The Metro Rail Project is of public importance and on these

technical grounds, the Courts if stalled such projects, it will result in huge

financial loss to the Corporation as well as to the Government. Certain

technical defects if occurred unintentionally should be rectified and the

compensation as admissible is to be paid to the eligible persons.

https://www.mhc.tn.gov.in/judis WP Nos.12905 and 18943 of 2023

15. If at all any grievance exists, the aggrieved persons may

approach the Forum for enhancement of compensation or for other reliefs for

which they are entitled. However, stalling of the Project would cause greater

prejudice to the interest of the public.

16. This Court is of the considered opinion that such technical

errors cannot be a ground to stall the Project or to quash the proceedings,

which would cause irreparable loss to the development of the Projects,

which all are of public importance.

17. If at all any error committed in this aspects are always

condonable and the same cannot be construed as uncondonable.

18. This Court is of the considered opinion that the petitioner

has already entered appearance in the LAOP proceedings and therefore, he

is at liberty to establish his right or seek enhancement or otherwise, as the

case may be, for the purpose of redressal of his grievances, if any exists.

https://www.mhc.tn.gov.in/judis WP Nos.12905 and 18943 of 2023

19. With the above observations, the writ petitions stand

disposed of. However, there shall be no order as to costs. Consequently, the

connected miscellaneous petitions are closed.

30-06-2023

Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No Svn

https://www.mhc.tn.gov.in/judis WP Nos.12905 and 18943 of 2023

To

1.The Special District Revenue Official (LA), CMRL Administrative Office, Anna Salai, Nandanam, Chennai-600 035.

2.The Special District Revenue Official (LA), CMRL Administrative Office, Koyambedu, Chennai-600 107.

2.The Managing Director, Chennai Metro Rail Limited, Metros, 327, Anna Salai, Nandanam, Chennai-600 035.

https://www.mhc.tn.gov.in/judis WP Nos.12905 and 18943 of 2023

S.M.SUBRAMANIAM, J.

Svn

WPs 12905 and 18943 of 2023

30-06-2023

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