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Madras High CourtWP/16739/2025disposed of

M.Manoharan v. The District Collector Cum Appellate Authority

2025-06-04Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Manoharan ... Petitioner Vs.

1.The District Collector cum Appellate Authority, Tiruvallur District, Collectorate, Tiruvallur- 602 001.

2.The Special District Revenue Officer (L.A.), Tiruvallur. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 21.06.2024 seeking to pay compensation to the petitioner based on the Arbitration Award dated 17.11.2023 passed by the Principal District Judge, Tiruvallur in Arbitration OP No.5 of 2022 and pay the compensation due to the petitioner for the lands situated at S.No.121/1B2, 122/1B, 122/2B2 and 122/4B in 42, Tiruvallur (Vedanginallur Village) acquired by the respondents and for such other appropriate orders or directions of this Court.

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For Petitioner(s) : Mr.R.Dhalapathy Vignesh Kumar For Respondent(s) : Mr.P.Sathish Additional Government Pleader for R1 and R2

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus, directing the first respondent to consider the petitioner's representation dated 21.06.2024 seeking to pay compensation to the petitioner based on the Arbitration Award dated 17.11.2023 passed by the Principal District Judge, Tiruvallur in Arbitration OP No.5 of 2022 due to the petitioner for the lands situated at S.No.121/1B2, 122/1B, 122/2B2 and 122/4B in 42, Tiruvallur (Vedanginallur Village) acquired by the respondents.

3. It is submitted by the learned counsel for the petitioner that petitioner's lands in Survey Nos.121/1B2, 122/1B, 122/2B2 and 122/4B in 42, Tiruvallur (Vedanginallur Village) were acquired for extension of National Highways NH205. The respondents vide order dated 21.05.2020 granted compensation for acquiring his lands. The respondents thereafter acquired the remaining extent of 2/6

land in S.No.122/4B and compensation was fixed at Rs.56 per sq.ft. Subsequently, the petitioner came to know that one Rajasekar, has been granted higher compensation by the first respondent. Hence, the petitioner submitted representations dated 30.11.2020 and 11.10.2021 seeking enhancement of compensation in S.No.122/4B. The first respondent, rejected the said representations on 12.07.2022. Challenging the same, the petitioner filed WP No.24383 of 2022 and the same was disposed of with a direction to file Arbitration application under Section 34 of the Arbitration and Conciliation Act. Pursuant thereto, petitioner filed Arbitration OP No.5 of 2022 before the Principal District Judge, Tiruvallur. The learned judge vide order dated 17.11.2023 allowed the same and set aside the rejection order dated 12.07.2022.

Thereafter, the petitioner submitted a representation dated 21.06.2024 before the first respondent seeking enhancement of compensation pursuant to the order made in Arbitration OP No.5 of 2022. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

4. At the outset, it was submitted by the learned Additional Government pleader for respondents that the above representation would be considered by the first respondent, keeping in view the arbitration award dated 17.11.2023, within 3/6

the time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent, to consider the representation dated 21.06.2024 keeping in view the arbitration award dated 17.11.2023 on its own merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

04.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 4/6

To:

1.The District Collector cum Appellate Authority, Tiruvallur District, Collectorate, Tiruvallur- 602 001.

2.The Special District Revenue Officer (L.A.), Tiruvallur.

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MOHAMMED SHAFFIQ, J.

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