Madras High CourtWP/10454/2021closed

V.Revathi v. The National Highway Authority

2021-06-18Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18..06..2021

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.10454 of 2021 & W.M.P.No.11051 of 2021 1.V.Revathi 2.P.Renuka 3.D.Sumathi ... Petitioners -Versus1.The National Highways Authority of India (NHAI), No.88, Project Implementation Unit, 8th Floor, SPIC House, Chennai 600 032.

2.The District Collector, Thiruvallur, Thiruvallur District.

3. The Competent Authority and Special District Revenue Officer (LA), National Highways - 205, Thiruvallur District 602 001.

4.The District Superintendent of Police, Thiruvallur, Thiruvallur District 602 001.

5.The Tahsildar, Thiruvallur Taluk, Thiruvallur 602 001.

6.The Sub Registrar, Thiruvalangadu, Thiruvallur District.

7.Gajendran ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents 1 and 2 and their subordinates from disbursing the remaining installment amount to the 7th respondent.

For Petitioner(s) : Mr.R.Karunagaran For Respondent(s) : Mr.K.M.D.Muhilan, GA for RR 2 to 6 Mr.R.Selvakumar for R7

ORDER

[This matter has been heard through video conference] This writ petition has been filed seeking a mandamus forbearing the respondents 1 and 2 and their subordinate officers from disbursing the remaining installment amount to the 7th respondent.

2. Today, when the matter is taken up for hearing, the learned Government Advocate submitted that originally, the award was passed in the year 2011 in favour of the 7th respondent and compensation amount was also paid to him. Thereafter, the 7th respondent went for arbitration under Section 3(G)(4) of The National Highways Act, 1956, wherein the arbitrator has enhanced the compensation. Now, challenging the compensation enhanced by the arbitrator, the National Highways Authority of India has preferred further appeal before the Principal District Judge, Thiruvallur, and the same is yet to be numbered. The said statement is recorded.

3. In the light of the submissions made by the learned Government Advocate, this court is of the view that if at all the petitioners have got any grievance with regard to awarding of compensation and disbursement of compensation amount, it is always open to them to implead themselves as party respondents in the appeal preferred by the National Highways Authority of India and no relief as prayed for in the writ petition could be granted at this stage. This writ petition is, therefore, closed with the above observations. No costs. Consequently, connected WMP is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

kmk To 1.The National Highways Authority of India (NHAI), No.88, Project Implementation Unit, 8th Floor, SPIC House, Chennai 600 032.