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Madras High CourtWP/26284/2025disposed of

K.Arumugam v. The District Collector

2025-07-22Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Arumugam ... Petitioner Vs.

1.The District Collector cum Arbitrator, Collector's Office, Dharmapuri District.

2.The Competent Authority of Land Acquisition, The Special District Revenue Officer, No.844, Ramasamy Gounder Street, Oddapatti, Dharmapuri - 636 705.

3.The Project Officer, National Highways Authority of India - 259/1, Salem Main Road, Krishnagiri, Pin - 635 001.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st Respondent to dispose the arbitration case No.523 and 338/2024 by considering petitioner's representation dated 19.02.2024. For Petitioner :

Mr.N.Designhu For Respondents :

Mr.A.Selvendran Special Government Pleader for R1 and R2 Mrs.S.R.Sumathy Standing Counsel for R3

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the 1st Respondent to dispose the arbitration case No.523 and 338/2024 by considering petitioner's representation dated 19.02.2024.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the 2nd Respondent has acquired for four/six laning of roads on NH - 844 - Hosur to Rayakottai in Dharmapuri District in the years 2010 to 2012 which included the petitioner land including a borewell. The compensation from the 2nd Respondent was fixed at Rs.4,43,676/- which petitioner received. Petitioner filed an Appeal before the 1st Respondent Arbitrator, seeking enhancment of compensation. Arbitrator was assigned and the petitioner has appeared for enquiry. There was no progress thereafter. In this connection, petitioner submitted a representation dated 19.02.2024, requesting 1st respondent to enhance compensation for acquiring land.

4. At the outset, it was submitted by learned Special Government Pleader for respondents 1 and 2 that the arbitration case No.523 and 338 of 2024 dated 19.02.2024 would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to 3rd respondent, to consider the above Arbitration case No.523 and 338 of 2024 dated 19.02.2024 on its own merits and pass appropriate orders in accordance with law within a period of twelve weeks from the date of uploading of the web copy without waiting for the receipt of certified copy, after affording reasonable opportunity of hearing to petitioner, any other interested persons. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the complaint on its own merits and in accordance with law.

6. Accordingly, the Writ Petition stands disposed of. No costs. 22.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No jas

To 1.The District Collector cum Arbitrator, Collector's Office, Dharmapuri District.

2.The Competent Authority of Land Acquisition, The Special District Revenue Officer, No.844, Ramasamy Gounder Street, Oddapatti, Dharmapuri - 636 705.

3.The Project Officer, National Highways Authority of India - 259/1, Salem Main Road, Krishnagiri, Pin - 635 001.

MOHAMMED SHAFFIQ, J.

jas 22.07.2025