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Madras High CourtWP/3138/2024disposed of

Rani v. The District Collector And Arbitrator

2024-02-13Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.3138 of 2024 Rani ... Petitioner Vs.

1. The District Collector and Arbitrator Dharmapuri District, Dharmapuri

2. The Special District Revenue Officer (LA) National Highways No.844 Dharmapuri ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to dispose the appeal/representation dated 07.08.2023 filed by the petitioner under Section 3G(5) of the National Highways Act, 1956 within a stipulated time to be fixed by this Court.

For Petitioner : Mr.N.Ponraj For Respondents : Mr.T.Arunkumar Additional Government Pleader 1/5

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the 1st respondent to dispose the appeal/representation dated 07.08.2023 filed by the petitioner under Section 3G(5) of the National Highways Act, 1956 within a stipulated time to be fixed by this Court.

2. The contention of the petitioner is that the petitioner's property was acquired under the National High Ways Act, 1956. The 2nd respondent passed an Award in Roc.No.19/2018/LA dated 31.03.2022 by fixing a meagre sum of Rs.2,68,555/- as compensation. Aggrieved by the same, the petitioner preferred an appeal dated 07.08.2023 to the 1st respondent for enhancement of compensation. But the same has not been considered so far. Hence, the present Writ Petition is filed before this Court.

3. Mr.T.Aruk Kumar, learned Additional Government Pleader who takes notice for the respondents.

4. Though the learned Additional Government Pleader submits that already several appeals are pending before the 1st respondent, there is no record to show that soon after receiving the reference/appeal from the 2/5

petitioner, the 1st respondent sent a communication to the petitioner informing that his reference/appeal was taken on file. Since the petitioner was kept in the dark and since he could not get any appropriate information from the respondents, he has filed the present Writ Petition before this Court seeking a mandamus.

5. Having regard to the submissions made by the learned counsel on either side and since this Writ Petition is filed seeking a simple writ of mandamus to dispose of the petitioner's appeal dated 07.08.2023, this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent to immediately communicate the petitioner regarding the status of his appeal dated 07.08.2023 with the particulars of appeal number and the approximate time that may be taken for the disposal of the appeal.

6. With the above directions, this Writ Petition is disposed of at the admission stage itself. No costs.

13.02.2024 (3/3) ksa-2 Index : Yes / No 3/5

To

1. The District Collector and Arbitrator Dharmapuri District, Dharmapuri

2. The Special District Revenue Officer (LA) National Highways No.844 Dharmapuri 4/5

P.VELMURUGAN. J.

Ksa-2 W.P.3138 of 2024 13.02.2024 (3/3) 5/5