National Highways Authority v. The Arbitrator And District

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.731 of 2015 and M.P.No.1 of 2015 National Highways Authority of India, rep. by its Project Director T.Suresh Kumar, "Sri Tower", 3rd Floor, DP-34 (SP), Industrial Estate, Guindy, Chennai-600 032.

...Petitioner

Vs 1.The Arbitrator & District Collector, Tiruvallur, Tiruvallur District.

2.Balasundaram ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the first respondent culminating in the order Ref.No.Rc.No.15125/2012/Arbitration dated 23.09.2014 (received by the petitioner on 30.10.2014) quash the same. For Petitioner : Mr.B.Harikrishnan For Respondents : Mr.R.Rajeswaran Spl. G.P. for R1

O R D E R

Heard Mr.B.Harikrishnan, learned counsel appearing for the petitioner and Mr.R.Rajeswaran, learned Special Government Pleader appearing for the first respondent.

2. Learned counsel appearing for the petitioner seeks permission of this Court to withdraw the writ petition since the writ petitions filed by some of the land owners were earlier dismissed as withdrawn to approach the District https://hcservices.ecourts.gov.in/hcservices/

Collector under Section 34 of the National Highways Act or in the alternative to discuss the matter with the National Highways Authority as in the case of other land owners viz., the petitioners in W.P.Nos.284 to 290 of 2015.

3. The learned counsel for the petitioner has produced the copy of the order made in W.P.Nos.19935 to 19938 of 2015 dated 23.11.2015 filed by the land owners and prayed for similar relief that was granted in the above said writ petitions.

4. It is to be pointed out that vide order dated 23.11.2015 made in W.P.Nos.19935 to 19938 of 2015, the writ petitions were dismissed as withdrawn with liberty which was granted to the National Highways Authority and for the purpose of computation of limitation, the period during which all the writ petitions were pending before this Court shall be excluded. The liberty so granted in W.P.Nos.19935 to 19938 of 2015 is also granted in this writ petition.

5. The writ petition is dismissed as withdrawn with the above observations. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Note: Registry to return the original impugned order to the learned counsel for the petitioner, after substituting the copy.

Bbr To The Arbitrator & District Collector, Tiruvallur, Tiruvallur District.

+1 C.C to Mr.B.Harikrishnan, Advocate SR.No.5461. +1 C.C to Government Pleader, SR.No.6089.

W.P.No.731 of 2015 CTK(C.O) RA 12/02/2016 https://hcservices.ecourts.gov.in/hcservices/