R.Govindarasu v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.39035/2015 R.Gonvidarasu .. Petitioner V.

1.The District Collector cum Arbitrator Villupuram.

2.The Competent Authority and Special District Revenue Officer [LA] NH 68, Salem Ulundurpet, Four Lane Road Project, Salem.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to dispose the application of the petitioner for Arbitration dated 30.12.2009 and 13.05.2013 to enhance the compensation awarded to the petitioner herein vide the proceedings of the 2nd respondent herein dated 31.08.2009 in his proceedings Spl.DRO 286/2009 [NH-68] for acquisition of land of the petitioner herein situate in Survey No.S.F.No.331/6A at Chinna Salem Village, Villupuram District within an appropriate time.

For Petitioner .. Mr.R.Nalliyappan For Respondents .. Mr.R.Rajeswaran, Spl.GP

ORDER

Heard Mr.R.Nalliyappan, learned counsel for the petitioner and Mr.R.Rajeswaran, learned Special Government Pleader, accepting notice on behalf of the respondents and with their consent, the writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner seeks for disposal of his Application for Arbitration wherein he has claimed enhanced compensation in respect of the lands which were acquired in S.F.No.331/6A at Chinna Salem Village, Villupuram District. The petitioner has submitted this claim dated 13.05.2013 sent by speed post on 17.06.2013. The petitioner would state that the matter is still pending before the 1st respondent and therefore seeks for a direction to dispose of the same on merits. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Special Government Pleader for the respondents submitted that it is not known as to whether the 1st respondent has received the petition for claiming enhanced compensation and if the same is pending and valid, the same will be considered in accordance with law.

4.Taking note of the above submissions, there will be a direction to the 1st respondent to consider the petitioner's representation dated 13.05.2013 sent by speed post on 17.06.2013 and the same is in order, the 1st respondent shall consider the application after notice to all concerned and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Sgl To 1.The District Collector cum Arbitrator Villupuram.

2.The Competent Authority and Special District Revenue Officer [LA] NH 68, Salem Ulundurpet, Four Lane Road Project, Salem.

+1cc to Mr.R. Nalliyappan, Advocate, S.R.No.66727 +1cc to the Government Pleader, S.R.No.66929 CA(CO) EU(04/01/2015) W.P.No.39035/2015 https://hcservices.ecourts.gov.in/hcservices/