A.S.Selvam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.8093 of 2021 A.S.Selvam
...Petitioner
Vs.
1.The District Collector, The Collectorate office, Thiruvallur District - 602 001.
2.The Special District Revenue Officer / Competent Authority The Collector Head Office, Thiruvallur District - 602 001.
3.The Special Tashildar, Thiruvallur Taluk Office, Thiruvallur District - 602 001.
4.The Project Director, National Highway Authority of India, No.34, Sri Tower, South Phase, Guindy, Chennai - 600 032.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to provide compensation for an extent of 186 sq.ft. comprised in Survey No.187 and to increase compensation for an extent of 1614 sq.ft comprised in New Survey No.185/8, situated at Saraswathi Nagar, Thozhuvur Village, Tiruvallur District, by considering my representations dated 18.04.2012, 07.01.2020, 09.01.2020.
For Petitioner .. Mr.D.Muthuselvam For RR1 to R3 .. Mr.Yogesh Kannadasan (Govt.Advocate) For R4 .. Su.Srinivasan
ORDER
This Writ Petition has been filed in the nature of Mandamus seeking a direction primarily against the 1st respondent / District Collector, though the relief sought is not phrased in
the said manner but which can be moulded to that effect. The petitioner's land had been acquired and compensation will have to be paid. Compensation had been determined, but the petitioner was not satisfied and arbitration proceedings had been initiated before the 1st respondent / District Collector, Thiruvallur. 2.Since the said proceedings are pending it may not be appropriate on my part to examine the facts with respect to the compensation already granted or with respect to the compensation sought by the petitioner or accepted to be paid by the petitioner. These issues are now under the consideration of the 1st respondent and therefore, let me restrain myself by just granting a Mandamus directing the 1st respondent / District Collector, Thiruvallur District, before whom it is reliably understood the arbitration proceedings are pending and who had also issued summons to the petitioner to dispose of the arbitration proceedings, after following due procedure on or before 31.10.2021.
3.With the said observations, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar smv To 1.The District Collector, The Collectorate office, Thiruvallur District - 602 001.
2.The Special District Revenue Officer / Competent Authority The Collector Head Office, Thiruvallur District - 602 001.
3.The Special Tashildar, Thiruvallur Taluk Office, Thiruvallur District - 602 001.
4.The Project Director, National Highway Authority of India, No.34, Sri Tower, South Phase, Guindy, Chennai - 600 032.
+1 CC to The Government Pleader, Sr.No. 40047. W.P.No.8093 of 2021 GPL(CO) LS(25/08/2021)