Madras High CourtWP/27870/2016disposed of

M.Rajagopal, v. The District Collector Cum

2016-08-11Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2016

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Writ Petition Nos.27870 and 27883 to 27886 of 2016 M.Rajagopal ..Petitioner in WP No.27870 of 2016 Tmt.D. Madhavi ..Petitioner in WP No.27883 of 2016 Tmt.B. Mohana ..Petitioner in WP No.27884 of 2016 C.M.Velu ..Petitioner in WP No.27885 of 2016 Visalammal ..Petitioner in WP No.27886 of 2016

Versus

1. The District Collector cum Arbitrator Thiruvallur, Thiruvallur District.

2 The Competent Authority and Special District Revenue Officer (L.A. ) National Highways-205 Thiruvallur, Thiruvallur District 3 The Project Director National Highways Authority of India Chennai-16 .. Respondents in all WPs Prayer: Petition has been filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the 1st respondent to dispose the petitioners unnumbered Arbitration Case No.of 2015 filed on 13.04.2015(in WP NO.27870/16, 27884/16, to 27886/16) and on 24.04.2015 (in WP.27883/16 respectively within the time stipulated by this Honourable Court For Petitioner :

Mr.A.Panneerchelvam for all WPs For Respondents in WP 27870/16 :Mr.T.M. Pappiah Special Government Pleader (R1-2) Mr.A.Mohandass (R3) in WP 27883 to :Mr.P.V.Selvakumar 27886/16 Additional Government Pleader (R1-2) Mr.A.Mohandass (R3)

O R D E R

The petitioners are the owners of the properties measuring about 1050, 111, 4326, 402, 124 square meters respectively comprised in Survey Nos.127/11 and 127/12B, 234/1A2, 229/1B of 41, 112/1B, 110/17 respectively in Guloor Village, Mavoor Village, Panapakkam Village, Guloor Village and Guloor Village respectively, Thiruvallur District. 2.The Second respondent informed the petitioners that awards in RC No.14/2013/Unit II dated 17.09.2013, R.C.No.13/2010/Unit II dated 22.07.2013, R.C.No.13/2010/Unit-II dated 05.03.2012, R.C.No.14/2013/Unit II dated 20.08.2013, R.C.No.14/2013/Unit II dated 03.10.2013 respectively were passed and as per the award Nos.56/13, 52/13, 13/11, 56/13 and 56/13 dated 14.06.2013, 02.04.2013, 24.08.2011, 14.06.2013 and 14.06.

2013 respectively, for acquisition of the petitioners' lands for widening the National High Ways Road-205, Thiruvalur District, Tiurtani Taluk - Phase I from Aleamelumanngapuram village to PakKam village, the compensation was determined and fixed a sum of Rs.5,42,041.50, Rs.1,89,174/-, Rs.35,41,123/-, Rs.4,75,777.12, Rs.1,46,757/- respectively. Aggrieved over the quantum of compensation awarded, the petitioners filed appeals in Arbitration case before the first respondent on 13.04.2015, 24.04.2015, 13.04.2015, 13.04.2015 and 13.04.2015 respectively for enhancement of the award amounts. Though the said appeals were filed as early as in April 2015, so far, the same were not numbered and taken into consideration, which compelled the petitioners to approach this court by way of these Writ Petitions.

3. Heard Mr.A.Paneerselvam, learned counsel appearing for the petitioners, Mr. T.M.Pappiah, learned Special Government Pleader taking notice on behalf of the respondents 1 & 2 and Mr.A.Mohandas, learned counsel taking notice on behalf of the 3rd respondent.

4. Taking into consideration the limited prayer sought for in the writ petitions, this Court decides to dispose of the writ petitions at the admission stage itself.

5. It is stated by the petitioners that they are aggrieved over the quantum of compensation fixed by the second respondent and therefore appealed to the first respondent in April 2015 for enhancement of the compensation. In view of the same, the first respondent is directed to dispose of the appeals filed by the petitioners on merits and as per law, within a period of twelve weeks from the date of receipt of copy of this order.

The writ petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rg/jv To

1. The District Collector cum Arbitrator Thiruvallur, Thiruvallur District.

2 The Competent Authority and Special District Revenue Officer (L.A. ) National Highways-205 Thiruvallur, Thiruvallur District 3 The Project Director National Highways Authority of India Chennai-16 +5ccs to Mr.A.Panneer, Advocate, S.R.No.45900, 45899, 45898, 45897, 45896 +1cc to the Government Pleader, S.R.No.46146, 46145 RSY(CO) EU(30/08/2016) W. P. Nos.27870 and 27883 to 27886 of 2016