M.Pachaamuthu Naickar v. The Arbitrator - Cum -

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.Nos.27419 & 27420 of 2017 M.Pachaamuthu Naickar ... Petitioner (in W.P.No.27419 of 2017) R.Vayanaperumal

...Petitioner

(in W.P.No.27420 of 2017) vs.

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

2.The Competent Authority, Special District Revenue Officer, (LA) NH - 68, Salem.

...Respondents

(in W.P.No.27419 of 2017) 1.The District Collector-cum-Arbitrator, Villupuram, Villupuram District.

2.The Special District Revenue Officer (LA), NH-68, Salem.

...Respondents

(in W.P.No.27420 of 2017) COMMON PRAYER:

Writ Petition Nos.27419 & 27420 of 2017 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to consider the representation of the petitioners dated 26.12.2016 & 24.11.2016 respectively in the light of the order dated 05.09.2016 passed in favour of the similarly stipulated persons.

For Petitioner : Mr.J.Hudson Samuel For Respondents : Mr.P.V.Selvakumar Additional Government Pleader for R1 & R2 (in W.P.Nos.27419 & 27420 of 2017)

C O M M O N O R D E R Mr.P.V.Selvakumar, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petitions are taken up for final disposal at the admission stage themselves.

2. In both these writ petitions, the respective writ petitioners seek for a direction to the first respondent to consider their respective representations dated 26.12.2016 and 24.11.2016, in the light of the order dated 05.09.2016, passed in favour of similarly situated persons in respect of awarding the compensation pursuant to the acquisition of the lands under the National Highways Act.

3. The grievance of the petitioners is that even though the adjacent land owners have been awarded enhancement of compensation through the said proceedings dated 05.09.2016, the petitioners request has not been considered so far, in spite of making above representation.

4. Considering the above stated facts and circumstances, without expressing any view on the claim made by the petitioners, these writ petitions are disposed of, only with a direction to the first respondent to consider the representation of the petitioners dated 26.12.2016 and 24.11.2016 and pass orders on merits and in accordance with law, also by taking note of the order passed on 05.09.2016, in respect of the other land owners, if the said order is also to be applied in the case of the petitioners as well. Such exercise shall be done by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Mk sd/ ASSISTANT REGISTRAR /TRUE COPY/ SUB-ASSISTANT REGISTRAR

To 1.The Arbitrator-cum-District Collector, Collectorate, Villupuram.

2.The Competent Authority, Special District Revenue Officer, (LA) NH - 68, Salem.

3.The District Collector-cum-Arbitrator, Villupuram, Villupuram District.

4.The Special District Revenue Officer (LA), NH-68, Salem.

+2CC to PAUL & PAUL Advocate SR.NO.75791, 75792 W.P.Nos.27419 & 27420 of 2017 GMR[CO] MK:13/11/2017