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Madras High CourtWP/8715/2023dismissed

N.Beulah Johnselvaraj v. The Arbitrator And District Collector

2023-11-15Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN N.Beulah Johnselvaraj ... Petitioner Vs.

1. The Arbitrator and District Collector First Floor, Collectorate, Kancheepuram Kancheepuram District

2. The Competent Authority and The Special District Revenue Officer, (LA), National Highways Kancheepuram

3. The Special Tahsildar (LA) National Highway Projects, Bangalore to Chennai Expressway Kancheepuram, Kancheepuram District

4. The Project Director National Highways Authorities of India PIU Kancheepuram No.DP 334, Sri Towers, South Phase Third Floor, Guindy Chennai - 600 032 ... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 2nd respondent to pay compensation of Rs.79,26,090/- along with 12% interest per annum to the petitioner by applying multiplication factor 1.25 to the land value and 100% solatium to it as per the Award vide RC.273/2017/BCE/NH dated 27.04.2018 and compensation to trees in plot No.43 & 41. For Petitioner : Mr.J.Josephstalin for M/s.A.Dhanalakshmi For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1 and R3 Mrs.S.R.Sumathy Standing Counsel for NHAI for R4

ORDER

This Writ Petition is filed seeking to issue a writ of Mandamus directing the 2nd respondent to pay compensation of Rs.79,26,090/- along with 12% interest per annum to the petitioner by applying multiplication factor 1.25 to the land value and 100% Solatium to it as per the Award, vide RC.273/2017/BCE/NH dated 27.04.2018 and compensation to trees in plot Nos.43 & 41.

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2. It is seen that the petitioner has already approached the District Collector, Kancheepuram, in which, enquiry has been conducted and orders have also been passed, by the proceedings dated 01.12.2022, against which, there is an appeal provision before the judicial forum, namely the Principal District Judge of the concerned District. Since the petitioner has got alternative judicial remedy, the petitioner is not entitled to get the relief sought for in this writ petition under Article 226 of Constitution of India.

3. Therefore, the writ petition is dismissed. There shall be no order as to costs. The petitioner is at liberty to work out his remedy in the manner known to law.

15.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Arbitrator and District Collector First Floor, Collectorate, Kancheepuram Kancheepuram District

2. The Competent Authority and The Special District Revenue Officer, (LA), National Highways Kancheepuram

3. The Special Tahsildar (LA) National Highway Projects, Bangalore to Chennai Expressway Kancheepuram, Kancheepuram District

4. The Project Director National Highways Authorities of India PIU Kancheepuram No.DP 334, Sri Towers, South Phase Third Floor, Guindy Chennai - 600 032 4/5

P.VELMURUGAN. J.

Ksa-2 15.11.2023 5/5