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Madras High CourtWP/23161/2009disposed of

A.Mohamed Ameer Sahib, v. The Project Director,

2018-12-03Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.23161 of 2009 1.A.Mohamed Ameen Sahib 2.A.Mohamed Siddique Sahib 3.A.Mohamed Ashraf Sahib ... Petitioners Vs 1.The Project Director, National Highways Authority of India, No.7, 5th Cross Street, Jakkappan Nagar, Krishnagiri.

2.The Special District Revenue Officer (in-charge), National Highways (Land Acquisition) Vellore-9.

3.The Special Tahsildar, National Highways (Land Acquisition) Vellore.

4.The District Collector, Vellore District, Collectorate Compound, Vellore.

...

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to refer the matter for arbitration for determining the enhanced compensation with respect of the petitioner's land acquired in S.Nos.449/2B, 499/ID2 and 449/IE2 in Kilachur Village, Vellore District, in accordance with the provisions of National Highways Act.

For Petitioners : Mr.R.Mubarak Basha For Respondents : Mr.P.Wilson, Sr.Counsel for M/s.P.Wilson Associates for R1 Mr.Ravikumar, AGP for R2 and R3 Mr.J.Ramesh, AGP for R4

O R D E R

This writ petition has been filed for a direction to the respondents to refer the matter for arbitration for determining the enhanced compensation with respect of the petitioner's land acquired in S.Nos.449/2B, 499/ID2 and 449/IE2 in Kilachur Village, Vellore District, in accordance with the provisions of National Highways Act.

2.The matter relates to the year 2009 and no interim order has been passed by this Court in this writ petition. However, it seems that the petitioners have made a representation dated 31.08.2009 to the authorities.

3.Considering the facts and circumstances of the case, this Court deems it fit to direct the respondents only to consider the representation dated 31.08.2009. Accordingly, the respondents are directed to consider the representation dated 31.08.2009 made by the petitioners, and pass apropriate orders on merits and in accordance with law, if the same has not been disposed of, within a period of four weeks from the date of receipt of a copy of this order.

4.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar KM To 1.The Project Director, National Highways Authority of India, No.7, 5th Cross Street, Jakkappan Nagar, Krishnagiri.

2.The Special District Revenue Officer (in-charge), National Highways (Land Acquisition) Vellore-9.

3.The Special Tahsildar, National Highways (Land Acquisition) Vellore.

4.The District Collector, Vellore District, Collectorate Compound, Vellore.

+1 cc to Mr.R.Mubarak Basha, Advocate SR.No.82492 +1 cc to The Government Pleader, SR.No.83631 W.P.No.23161 of 2009 MP(CO) CSL/22.01.2019