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Madras High CourtWP/38633/2015disposed of

S.Duraisamy v. The District Collector

2015-12-08Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.38633 of 2015 S.Duraisamy .. Petitioner V.

The District Collector, Salem District, Salem.

.. Respondent Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent to dispose the Statutory Appeal filed U/s.3-G

(5) of National Highways Act by the petitioner on 31.12.2012 within a stipulated time.

For Petitioner .. Mr.C.Prakasam For Respondent .. Mr.S.Diwakar Additional Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and Mr.S.Diwakar, learned Additional Government Pleader accepting notice on behalf of the respondent and with their consent, the writ petition is taken up for final disposal. 2.The petitioner has filed this writ petition to direct the respondent to dispose of the Statutory Appeal filed under Section 3-G(5) of the National Highways Act. By the said appeal, the petitioner seeks for enhanced compensation. Since the appeal was not disposed of, the petitioner has submitted a representation dated 14.08.2015 and since no action was taken, the petitioner is before this Court.

3.The learned Additional Government Pleader submitted that the authority may be directed to consider the representation of the petitioner dated 14.08.2015 and if the appeal is pending and is in order, the same will be considered on merits.

4.In the light of the above, there will be a direction to the respondent to consider the petitioner's representation dated 14.08.2015 and ascertain as to whether the appeal petition is in order and if so, consider the appeal in accordance with law within a period of three months from the https://hcservices.ecourts.gov.in/hcservices/

date of receipt of a copy of this order.

5.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar Sgl To The District Collector, Salem District, Salem.

+1 cc to Mr.C.Prakasam, Advocate, sr.65832 W.P.No.38633 of 2015 sai co kra 15.12.2015 https://hcservices.ecourts.gov.in/hcservices/