Rajalakshmi v. The Arbitrator Cum District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH P.Rajalakshmi

...Petitioner

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

2.The Special Officer under Land Acquisition Act, National Highways, Villupuram.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to dispose the petitioner's appeal dated 17.08.2018 (posted on 20.09.2018) within the time limit fixed by this Court.

For Petitioner : Mr.S.C.Vishwanth For Respondents : Mr.V.Veluchamy, Additional Government Pleader 1/4

ORDER

With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The limited prayer sought for in this Writ Petition is for a direction to the first respondent herein to dispose of the appeal preferred by the petitioner dated 17.08.2018 within a stipulated time.

3. It is needless to point out that whenever an arbitration appeal is preferred before the Arbitrator, there is a duty cast on him to dispose of the same expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would be justified in directing the Arbitrator - first respondent to dispose of the appeal within a stipulated time, in exercise of its powers under Article 226 of the Constitution of India.

4. In the light of the above observations, there shall be a direction to the first respondent herein to dispose of the petitioner's appeal dated 17.08.2018, if not already disposed of, after giving due opportunity to the 2/4

petitioner, as well as all the other persons who may be interested in the subject property, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands ordered. No costs.

16.03.2023 Index:Yes/No Speaking order/Non-speaking order To 1.The Arbitrator-cum-District Collector, Villupuram District.

2.The Special Officer under Land Acquisition Act, National Highways, Villupuram.

RS/SNI 3/4

M.S.RAMESH,J.

RS/SNI 16.03.2023 4/4