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2025 DAILYLAW 108977 (MAD)

MESTON EDUCATION AND DEVELOPMENT ASSOCIATION (P) LTD v. THE GENERAL MANAGER

WA/683/2025 · 2025-03-11

K Rajasekar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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2025:MHC:986 WA No. 683 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WA No. 683 of 2025 AND CMP NO. 5663 OF 2025 Meston Education and Development Association (P) Ltd A Company incorporated under the Indian Companies Act Rep. by its Secretary Having office at Old No.33, New No.10, West Cott Road, Royapettah, Chennai – 600 014. Appellant(s) Vs 1.The General Manager (UG- Construction) Phase II, CMRL TU-02 Package, 2nd Floor, Chennai Metro Rail Limited, Anna Salai, Nandanam, Chennai - 035. 2.Project Manager (Corridor 3- TU02, CMRL), Larsen and Toubro Limited, Heavy Civil Infrastructure, https://www.mhc.tn.gov.in/judis WA No. 683 of 2025 Mount Poonamallee Road, Manapakkam, Chennai – 600 089. 3.M/s.Bureau Veritas (India) Private Limited Ambattur, Chennai. 4.Larsen And Toubro Limited Construction Heavy Civil Infrastructure, Mount Poonamallee Road, Manapakkam PB No.979, Chennai - 089. 5.The Chairman The Heritage Conservation Committee, 5 th Floor, Main Conference Hall of CMDA, Egmore, Chennai - 008. Respondent(s) WA No. 683 of 2025 PRAYER To set aside the order dated 19.08.2024 made in WP No.23647 of 2024 on the file of this Court and allow this WA. WA No. 683 of 2025 For Appellant(s): Mr.P.Sam Japa Singh For Respondent(s): Mr.B.Vijay SC For CMRL https://www.mhc.tn.gov.in/judis WA No. 683 of 2025 JUDGMENT (Judgment was delivered by S.M.Subramaniam J.) The writ order dated 19.08.2024 passed in W.P.No.23647 of 2024 is under challenge in the present writ appeal. 2. The appellant filed a writ petition challenging the notice dated 31.07.2024 issued by the Chennai Metro Rail Limited (CMRL) during soil investigation works, prior to tunnelling works undertaken. The CMRL project is a public project undertaken for the benefit of the public at large living in Chennai City. 3. Even before the Writ Court, CMRL filed an affidavit stating that if settlements exceed the alert level of 10mm, occupants will be evacuated, and alternate arrangements will be made by CMRL at their own cost. However, it is not expected to be happen, since the alignment situated away from the building. Therefore, the CMRL has taken adequate precautions to ensure no adverse impact. https://www.mhc.tn.gov.in/judis WA No. 683 of 2025 4. In the event of any damage, CMRL has undertaken to make alternate arrangements as required. Considering this undertaking, the writ petition appears unnecessary. The Learned Single Judge recorded the undertaking given by the CMRL and that being so, no further consideration is required. If any grievance exits to the appellants they are at liberty to negotiate with the CMRL for the purpose of resolving the issues. In the event of raising any such consent by the appellant, the CMRL project authorities may consider, since large number of students are studying in the said school. 5. With these liberty, the Writ Appeal stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 11-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WA No. 683 of 2025 To 1.The General Manager (UG- Construction) Phase II, CMRL TU-02 Package, 2nd Floor, Chennai Metro Rail Limited, Anna Salai, Nandanam, Chennai - 035. 2.Project Manager (Corridor 3- TU02, CMRL), Larsen and Toubro Limited, Heavy Civil Infrastructure, Mount Poonamallee Road, Manapakkam, Chennai - 089. 3.Bureau Veritas (india) Pvt Ltd Ambattur, Chennai. 4.Larsen And Toubro Limited Construction Heavy Civil Infrastructure, Mount Poonamallee Road, Manapakkam PB No.979, Chennai - 089. 5.The Chairman The Heritage Conservation Committee, 5th Floor, Main Conference Hall of CMDA, Egmore, Chennai - 008. https://www.mhc.tn.gov.in/judis WA No. 683 of 2025 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. Jeni WA No. 683 of 2025 11-03-2025 https://www.mhc.tn.gov.in/judis