Thomas Scaria v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.Thomas Scaria 2.Sumas Scaria Petitioner(s) Vs.
1.The District Collector-cum-Statutory Arbitrator, Coimbatore District Collectorate, Coimbatore.
2.The Project Director, NHAI, 15-A, Kongu Nagar Extension, Trichy Road, Ramanathapuram, Kongu Nagar, Kallimadai, Coimbatore.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to conclude the enquiry and pass final orders on statutory application dated 25.03.2024 under Section 3H(5) of the National Highways Act, 1956 by enhancing the compensation awarded for the acquisition of the petitioner's land in S.No. 160/17B, 160/18A, 160/18C, 160/17E, 160/17D situated at Puliyampatti Village Pollachi Taluk, Coimbatore District. For Petitioner(s) : Mr.M.Mahaboob Athiff For Respondent(s) : Mr.P.Sathish Additional Government Pleader 1/6
For R2 : Mr.Su.Srinivasan Standing Counsel for NHAI
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of Mandamus directing the respondents to conclude the enquiry and pass final orders on statutory application dated 25.03.2024 under Section 3H(5) of the National Highways Act, 1956, by enhancing the compensation awarded for the acquisition of the petitioner's land comprised in S.Nos.160/17B, 160/18A, 160/18C 160/17E160/17D situated at Puliyampatti Village, Pollachi Taluk, Coimbatore District.
3. It is submitted by the learned counsel for petitioners that petitioners submitted an application on 25.03.2024 seeking enhancement of compensation in respect of the acquired land. Thereafter, petitioner submitted reminder representation on 15.05.2025. It is stated that the respondent on receipt of the same called upon the National Highway authority to produce the relevant records for scrutiny along with explanation, however the same is stated to be kept pending. Hence, this writ petition.
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4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents that petitioner's statutory application would be considered and appropriate orders would be passed in accordance with law after affording reasonable opportunity of hearing to petitioner and other interested parties within a time frame to be fixed by this Court.
5. The Project Director, National Highway Authority of India, 15-A, Kongu Nagar Extension, Trichy Road, Ramanathapuram, Kongu Nagar, Kallimadai, Coimbatore is suo-moto impleaded as 2nd respondent in this writ petition. Mr.Su.Srinivasan, learned Standing Counsel for NHAI takes notice for 2nd respondent and would submit that the representation of the petitioner would be considered and appropriate orders passed in accordance with law.
6. In view thereof, the writ petition stands disposed of with a direction to the concerned respondent to consider statutory application dated 25.03.2024 and pass appropriate orders on merits and in accordance with law after affording the petitioner and other interested parties a reasonable opportunity of hearing within a period of 12 weeks from the date of uploading of web copy without waiting for receipt of certified copy. It is made clear that this Court has not expressed any 3/6
views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.
07.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka Note: Registry is directed to carryout necessary amendments in the cause title. 4/6
To:
1.The District Collector-cum-Statutory Arbitrator, Coimbatore District Collectorate, Coimbatore.
2.The Project Director, NHAI, 15-A, Kongu Nagar Extension, Trichy Road, Ramanathapuram, Kongu Nagar, Kallimadai, Coimbatore.
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MOHAMMED SHAFFIQ, J.
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