Sriramalu v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 08.12.2017

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.Nos.31587 to 31591 of 2017 31681 and 31682 of 2017 W.P.No.31587 of 2017:

Sriramalu ... Petitioner in WP No.31587/2017 N.Jayaraman ... Petitioner in WP No.31588/2017 Padmavathi ... Petitioner in WP No.31589/2017 A.Beer Mohideen ... Petitioner in WP No.31590/2017 SivaShanmugam ... Petitioner in WP No.31591/2017 B.Nalini ... Petitioner in WP No.31581/2017 Sateeshkumar ... Petitioner in WP No.31582/2017 vs.

1.The District Collector-cum-Arbitrator, Villupuram District, Villupuram.

2.The Project Officer, National Highways Authority of India, New Delhi.

3.The Special District Revenue Officer, Land Acquisition - Competent Authority, National Highways - (NH66), Villupuram - 605 602. ... Respondents in all WPs Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to furnish the duly stamped original award passed in Arbitration Petition No.

37 of 2010 dated 13.09.2011.

50 of 2010 dated 13.09.2011.

51 of 2010 dated 13.09.2011.

103 of 2010 dated13.09.2011.

39 of 2010 dated 10.04.2011.

73 of 2010 dated 10.04.2011.

45 of 2010 dated 10.09.2011.

For Petitioners in all WPS : Mr.Saikrishnan for M/s.Sai Bharath and Ilan For R1 and R2 in all WPS : Mr.A.Zakkir Hussain, GA For R2 in all WPS : Ms.S.R.Sumathy C O M M O N O R D E R The grievance expressed by the learned counsel for the petitioners is that the petitioners herein have not been provided with the copy of the award of the arbitrator/first respondent herein.

2. As directed by this Court, a representative of the first respondent has come before the Court and made available the files pertaining to the arbitration proceedings. On perusal of the said files, this Court finds that a certain Mr.V.Anandavijayan, Advocate had received the copy of an award on behalf of the 16 claimants in the arbitration proceedings before the first respondent on 28.04.2011.

3. The learned counsel submits that the petitioners herein have to prefer necessary application before the District Court under Section 34 of the Arbitration and Conciliation Act, 1996 and to enable them to file the same, they need a certified copy of the award passed by the first respondent.

4. The learned Government Advocate on behalf of the first respondent has made a statement that subject to the petitioners applying for certified copy before the first respondent for the supply of the certified copy of the award, the same would be supplied.

5. The learned counsel for the petitioners submitted that the petitioners had already made a representation in this regard on 27.03.2017.

6. However, in as much as the copy has already been served on the learned counsel for the petitioners and other claimants, the petitioners may apply for the certified copy of the award before the first respondent and thereupon the first respondent may issue them a certified copy, consistent with the undertaking given by the learned Government Advocate.

7. As nothing more requires to be done, this petition is disposed of with the above direction, petitions are closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rna To 1.The District Collector-cum-Arbitrator, Villupuram District, Villupuram.

2.The Project Officer, National Highways Authority of India, New Delhi.

3.The Special District Revenue Officer, Land Acquisition - Competent Authority, National Highways - (NH66), Villupuram - 605 602.

+7cc to M/s.Sai Bharath & Ilan, Advocate, S.R.No.87495 +1cc to MS.R.Sumathy., Advocate, S.R.No.87309 +1cc to the Government Pleader, S.R.No.88100 W.P.Nos.31587 to 31591 of 2017 31681 and 31682 of 2017 MG(CO) RRK(11/01/2018)