M.Murugan v. The Arbitrator And District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3002 of 2025 M.Murugan ... Petitioner Vs.

1.The Arbitrator and District Collector, Kanchipuram, Kanchipuram District.

2.Competent Authority and Special District Revenue Officer (LA) NH, Kancheepuram.

3.Project Director, National Highway Authority of India, PIU Kancheepuram, No.DP 34, Sri Towers, South Phase, 3rd Floor, Guindy, Chennai 600 032.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 1st respondent to dispose of the appeal dated 11.03.2023.

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For Petitioner : Ms.N.Beulah Joh Selvaraj For Respondents : Mr.P.Sathish Additional Government Pleader for R1 and R2 Mrs.S.R.Sumathy for R3

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to dispose of the appeal filed by the petitioner under Section 3G(5) of the National Highways Act, 1956, dated 11.03.2023, within the time frame fixed by this Court.

2.Heard Mr.N.Beulah John Selvaraj, learned counsel appearing on behalf of the petitioner, Mr.P.Sathish, learned Additional Government Pleader appearing on behalf of respondents 1 & 2 and Mrs.S.R.Sumathy, learned counsel appeaing on behalf of the 3rd respondent.

3.The property belonging to the petitioner was acquired and an Award was passed fixing compensation. The petitioner was not satisfied with the compensation amount and hence, he filed an appeal before the 1st respondent under Section 3G(5) of the National Highways Act, 1956, on 11.03.2023. Since the same is kept pending, the present writ petition has been filed before this Court.

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4.Taking into consideration the facts and circumstances of the case and considering the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to deal with the appeal filed by the petitioner under Section 3G(5) of the National Highways Act, 1956, on 11.03.2023 and consider the same on its own merits and in accordance with law and pass final orders, within a period of three months from the date of receipt of copy of this order. 4.The petitioner is directed to make a fresh representation along with the appeal filed before the 1st respondent on 11.03.2023 and along with the relevant documents and also a copy of this order.

5.This writ petition is disposed of with the above directions. No Costs. 06.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 3/4

N. ANAND VENKATESH, J.

ssr To 1.The Arbitrator and District Collector, Kanchipuram, Kanchipuram District.

2.Competent Authority and Special District Revenue Officer (LA) NH, Kancheepuram.

3.Project Director, National Highway Authority of India, PIU Kancheepuram, No.DP 34, Sri Towers, South Phase, 3rd Floor, Guindy, Chennai 600 032.

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