Madras High CourtWP/11108/2024disposed of

K.Duraisamy v. The District Collector

2024-04-24Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.04.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR K.Duraisamy ... Petitioner Vs.

1.The District Collector, District Collector Office, Collectorate Campus, Tiruppur 641 604.

2.The Special Tahsildar (LA), 3.The Project Director, National Highways Authority of India, No.11/1, Kongu Nagar East, Ramanathapuram, Coimbatore 641 045.

4.The Special District Revenue Officer (LA-NH), No.567, APJ Abdul Kalam Street, Chennamanyakkanpatti Post, Dindugal 624 001.

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5.Assistant Divisional Engineer, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to dispose of the Arbitration Application dated 21.02.2024 filed by the petitioner to enhance the compensation amount by taking into account the existence of 7 coconut trees in the subject matter land in Survey No.48/6 within the time frame that may be stipulated by this Court and a direction to provide the petitioner a certified copy of the Award passed by the 4th respondent in No.08/2019 (PKG-3)(addl-3).

For Petitioner : Mr.S.Lakshmi Narayanan For Respondents : Mr.A.Selvendran, SGP for R1,R2,R4,R5 Mr.Su.Srinivasan for R3

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 1st respondent to dispose of the Arbitration Application dated 21.02.2024 filed by the petitioner to enhance the compensation amount by taking into account of the existence of 7 coconut trees in the subject matter of land in Survey No.48/6 within the time frame that may be stipulated by this Court and a direction to provide Page No.2 of 6

the petitioner a certified copy of the Award passed by the 4th respondent in No.08/2019 (PKG-3)(addl-3).

2. With the consent of both sides, this Writ Petition is disposed of at the admission stage itself.

3. The grievance of the petitioner is that the arbitration proceedings are pending before the first respondent and it has not been disposed of. Hence this Writ Petition.

4. Heard Mr.S.Lakshmi Narayanan, learned counsel for the petitioner, Mr.A.Selvendran, learned Special Government Pleader for R1, R2, R4 and R5 and Mr.Su.Srinivasan, learned counsel for R3.

5. The learned Special Government Pleader for the respondents 1,2,4 & 5 submitted that the arbitration proceedings will be disposed of within a reasonable time as may be fixed by this Court.

6. In view of the above submission, the first respondent is directed Page No.3 of 6

to dispose of the arbitration proceedings within a period of four months from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner.

7. With the above observations, this Writ Petition is disposed of. No costs.

Index : Yes /No 24.04.2024 Speaking / Non-speaking gsk Page No.4 of 6

To 1.The District Collector, District Collector Office, Collectorate Campus, Tiruppur 641 604.

2.The Special Tahsildar (LA), 3.The Project Director, National Highways Authority of India, No.11/1, Kongu Nagar East, Ramanathapuram, Coimbatore 641 045.

4.The Special District Revenue Officer (LA-NH), No.567, APJ Abdul Kalam Street, Chennamanyakkanpatti Post, Dindugal 624 001.

5.Assistant Divisional Engineer, Page No.5 of 6

N.SATHISH KUMAR, J.

gsk 24.04.2024 Page No.6 of 6