Dhandapani .V v. The District Collector/Arbitrator,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2026
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE 1.Dhandapani.V 2.Rajendiran.R 3.Murugan.R ... Petitioners Vs.
1.The District Collector/Arbitrator, Office of the District Collector, Cuddalore District.
2.The District Revenue Officer, (Land Acquisition Officer) NH 45C, Vikravandi-Kumbakonam-Tanjore Division, Villupuram.
3.The Special Tahsildhar, (Land Acquisition), NH 45C Unit II, Kurinjipadi @ Vadalur, Cuddalore District - 607 303.
4.The Project Director, Project Implementation Unit, Puducherry, Arumparthapuram, 28 and 29 Sun City, Puducherry. ... Respondents [R4 is impleaded vide order dt. 04.06.2026 made in C.R.P.No.2454 of 2026] Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the Order dated 10.04.2024 made in Unnumbered Arbitration Original Petition No.__ of 2023 on the file of Learned Principal District Judge, Cuddalore, and consequently direct the Court below to number Page No.1 of 6
the Arbitration Original Petition and dispose the same within time frame to be stipulated by this Court.
For Petitioners : Mr.P.Dinesh Kumar For Respondents : Mr.S.Gunasekaran Government Counsel *****
ORDER
This Civil Revision Petition has been filed to set aside the order, dated 10.04.2024 passed by the Principal District Court, Cuddalore in unnumbered Arbitration Original Petition No.____ of 2023.
2. Under the impugned order, the Principal District Court, Cuddalore has refused to number the arbitration original petition filed by the petitioners on the ground of non-payment of proper court fee. The petitioners have filed the arbitration original petition u/s 34 of the Arbitration and Conciliation Act, 1996, challenging the award passed by the arbitrator under the National Highways Act, 1956. The petitioners have sought two reliefs, namely (a) setting aside the arbitral award and (b) enhancement of the compensation.
3. Since the petitioners have sought enhanced compensation, the Principal District Court, Cuddalore has refused to number the arbitration original petition, since court fees was not paid by the petitioners for the enhancement claim made by the petitioners.
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4. Learned counsel for the petitioners, on instructions, would now submit that the petitioners are willing to give up the enhancement claim made by the petitioners in the arbitration original petition filed u/s 34 of the Arbitration and Conciliation Act, without prejudice to their right to claim it in the arbitration original petition. He also relied upon the decision of this Court, dated 07.08.2024 passed in C.R.P.No.2869 of 2024 in similar circumstances, where this Court had directed the trial court to number the arbitration original petition after the petitioner therein filed a deletion memo agreeing to delete the second prayer, namely seeking enhancement of the compensation claim. He is satisfied that if similar directions are issued in this revision as well in favour of the petitioners.
5. In the aforesaid decision, dated 07.08.2024 passed by this Court in C.R.P.No.2869 of 2024, the following directions were issued : (i) If the petitioner will confine/limit his prayer only to set aside the award passed by the first respondent/Arbitrator, then the issue of paying ad valorem Court fee will not arise; (ii) The petitioner is permitted to represent the papers before the learned Principal District Judge, Cuddalore within 30 days from the receipt of a copy of this order, after making the necessary amendment to the prayer.
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6. Learned counsel for the petitioners is willing to comply with the very same conditions that were imposed by this Court in a similar matter on 07.08.2024 in C.R.P.No.2869 of 2024.
7. In view of the same, the following directions are issued to this petitioners as well in this civil revision petition as directed in a similar matter by this Court on 07.08.2024 in C.R.P.No.2869 of 2024 :- (a) If the petitioners will confine/limit their prayer only to set aside the award passed by the first respondent/Arbitrator, then the issue of paying ad valorem Court fee will not arise; (b) The petitioners are permitted to represent the papers before the learned Principal District Judge, Cuddalore within a period of 30 days from the receipt of a copy of this order, after making the necessary amendment to the prayer.
8. The learned Principal District Judge, Cuddalore is directed to number the Arbitration Original Petition after receiving a deletion memo with respect to the latter portion of the order. The requisition body namely, the Project Director, Project Implementation Unit, Puducherry, Arumparthapuram, 28 and 29 Sun City is impleaded as the 4th respondent. This impleadment shall enure in the Original petition also. The learned Principal District Judge, Cuddalore is Page No.4 of 6
requested to ensure that in the Arbitration Original Petition, the amendment is suitably carried out.
9. Accordingly, this Civil Revision Petition is disposed of in the above terms. No costs.
04.06.2026 Index : Yes / No Speaking order / Non-speaking order sp To 1.The District Collector/Arbitrator, Office of the District Collector, Cuddalore District.
2.The District Revenue Officer, (Land Acquisition Officer) NH 45C, Vikravandi-Kumbakonam-Tanjore Division, Villupuram. 3.The Special Tahsildhar, (Land Acquisition), NH 45C Unit II, Kurinjipadi @ Vadalur, Cuddalore District - 607 303. 4.The Project Director, Project Implementation Unit, Puducherry, Arumparthapuram, 28 and 29 Sun City, Puducherry.
5.The Principal District Judge, Cuddalore.
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ABDUL QUDDHOSE , J.
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