M/S.Transport Corporation v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.08.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.23730 of 2019 and W.M.P.No.23597 of 2019 M/s.Transport Corporation of India Limited, Public Limited Company incorporated under the Companies Act 1956, Represented by its General Manager/Authorized Signatory Mr.A.Krishna Kumar .. Petitioner /versus/ 1.The District Collector/Arbitrator, Kancheepuram District.

2.Competent Authority and Special District Revenue Officer(LA), National Highways, Kancheepuram & Thiruvallur District, @ Kancheepuram.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to pass orders in the petitioner's application dated 17.11.2016 for enhancement of compensation in Ref.No.2/2010/NH4(Six lane)/A2 for the land of 949 Sq.Mts in S.No.117/6b1 part in Mambakkam Village, Sriperumbudur Taluk, Kanchipuram District acquired for six lane of NH4 by National Highways.

For petitioner : Mr.J.R.K. Bhavanantham For Respondents : Mr.D.Raja Addl.Govt.Pleader

O R D E R

The grievance of the petitioner is that the land owned by them was acquired by the 2nd respondent for expansion of National Highways. For inadequacy of compensation the matter was referred to Arbitrator- the 1st respondent herein and has heard the matter long back but so far not passed order on the representation. Though the matter is pending for a long time, the 1st respondent shall not complete the proceedings and pass orders. Hence, the https://hcservices.ecourts.gov.in/hcservices/

present writ petition is filed seeking mandamus to direct the 1st respondent to pass orders in the petitioner's application dated 17.11.2016 for enhance compensation.

2. The learned Government Pleader representing the respondent would submit that the 1st respondent as an arbitrator and also being the District Collector due to administrative reason not able to dispose of the application. However, he seeks six months time to complete the proceedings and pass orders.

3. Recording the same, the writ petition is disposed of directing the 1st respondent to complete the enquiry proceedings within a period of six months from today and pass orders in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar rpl To 1.The District Collector/Arbitrator, Kancheepuram District.

2.Competent Authority and Special District Revenue Officer(LA), National Highways, Kancheepuram & Thiruvallur District, @ Kancheepuram.

+1 CC to Mr.J.R.K.Bhavanantham, Advocate sr 74696 +1 CC to Govt. Pleader sr 75617.

W.P.No.23730 of 2019 and W.M.P.No.23597 of 2019 SKV(CO) SP(18/09/2019) https://hcservices.ecourts.gov.in/hcservices/