Madras High CourtWP/5004/2019disposed of

P.Kalaiselvi v. The District Collector

2019-02-22Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.5004 of 2019 P.Kalaiselvi

...Petitioner

Vs 1.The District Collector / Arbitrator Cuddalore District, Cuddalore.

2.The Special District Revenue Officer / Competent Authority (Land Acquisition), NH-227 Cuddalore, Cuddalore District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the first respondent to dispose the Statutory Appeal filed under Section 3-G(5) of National Highways Act by the petitioner on 31.12.2018 within a stipulated time as this Court may fix. For Petitioner : Mr.C.Prakasam For Respondents: Mr.M.Elumalai, Government Advocate

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2.According to the petitioner, the petitioner has filed a statutory appeal on 31.12.2018 to the first respondent for enhancement of compensation, under Section 3-G(5) of the National Highways Act, against the proceedings of the second respondent in Na.Ka.No.A/N.H/ 15/2015 dated 27.06.2018, and the same is pending disposal. Hence, the learned counsel for the petitioner has prayed for a direction to the first respondent to dispose of the said appeal within a stipulated time frame. 3.The learned Government Advocate appearing for the respondents has submitted that the appeal filed by the petitioner will be disposed of by the first respondent in accordance with law.

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4.Considering the above submission made, without expressing any opinion as to the merits of the contentions raised by the writ petitioner in this writ petition, this Court is inclined to direct the first respondent to dispose of the petitioner's appeal dated 31.12.2018 on merits and in accordance with law, after affording an opportunity to the petitioner, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order. 5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar KM To 1.The District Collector / Arbitrator Cuddalore District, Cuddalore.

2.The Special District Revenue Officer / Competent Authority (Land Acquisition), NH-227 Cuddalore, Cuddalore District.

+1cc to Mr.C.Prakasam, Advocate SR.No.17195 +1cc to Government Pleader SR.No.17621 W.P.No.5004 of 2019 SSV(CO) GMY(22/03/2019) https://hcservices.ecourts.gov.in/hcservices/