V KALANIDHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The challenge in these intra Court Appeals is to the interim order of the learned Single Judge dated 17.07.2018 made in WMP Nos.7681 to 7683 of 2017 in WP Nos.7051 & 7052 of 2017, in and by which, the interim order of status quo was vacated while leaving open the question as to whether the appellant would be entitled to compensation for acquisition of the land and building in question. The appellant filed WP No.7051 of 2017, questioning the Government order dated 27.08.2010 in G.O.Ms.No.139, in and by which, the Government had permitted the Chennai Metro Rail Limited to enter upon the land with immediate effect for implementation of the Metro Rail project.

(2.) The appellant would claim that the lands covered by the said Government order which are classified as Grama Natham belong to him and the Government has also recognised his possession by issuing Patta. Therefore, according to him the Government had no authority to transfer the said lands to the Chennai Metro Rail Limited. The appellant also sought for an injunction restraining the respondents from interfering with his possession of the land comprised Survey Nos.10, 11 and 147 part in Block No.28 of Koyambedu Village Egmore-Nungambakkam Taluk, Chennai District, pending disposal of the above Writ Petition, in WMP No.7681 of 2017. Stay of operation of the impugned G.O.Ms. No.139 dated 27.08.2010 was also sought for in WMP No.7682 of 2017.

(3.) Claiming that the 3rd respondent, viz. Chennai Metro Rail Limited had sealed the car park of the petitioner's / Appellant's hospital situate in T.S.No.147 part, Block No.28 Koyambedu Village, an interim direction to de-seal the Car park who prayed for in WMP No.7683 of 2017.