Madras High CourtWP/28039/2025disposed of

Thavaseelan v. The District Collector

2025-07-30Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Thavaseelan ... Petitioner Vs.

1. The District Collector (Arbitrator) Ariyalur, Ariyalur District.

2. The Project Director National Highway Authority of India, Project Implementation of Unit, No.26, 1st floor, VGB Nagar West, Vazhuthareddy Post, Villupuram.

3. The Competent Authority and Special District Revenue Officer (LA) 227, National Highways, 2nd Floor, Old Collector Office, Trichy - 1.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus to direct the first respondent to dispose the petition MA.MU.E.1/2510/2019 which is filing to enhance the award amount for acquisition of the land measuring about 4931 square meter of land compromised 1/6

in survey No.123/4B,123/5B,124/4B,124/5B of Periyavalayam Village, Udayapalayam Taluk, Ariyalur district under National Highway Act, 1956 within the stipulated time as fixed by this Court.

For Petitioner : Mr.M.Muthukrishnan For Respondents : Mr.P.Sathish Additional Government Pleader for R1 & R3 Mr.Su.Srinivasan for R2

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 to direct the first respondent to dispose petition in MA.MU.E.1/2510/2019 and enhance the award amount for acquisition of the land comprised in survey No.123/4B, 123/5B,124/4B,124/5B of Periyavalayam Village, Udayapalayam Taluk, Ariyalur district measuring about 4932 square meter of land under National Highway Act, 1956.

3. It is submitted by the learned counsel for the petitioner that the lands 2/6

measuring an extent of 4932 sq.metre, comprising Survey Nos.123/4B,123/5B,124/4B,124/5A situated at Periyavalayam village in Ariyalur District were acquired by the third respondent for the purpose of widening the existing two lane road into a four lane road and for construction of bypass road from Trichy to Chidambaram. The 3rd respondent fixed the value of the land @ 108.14 per sq.m for the petitioner's land vide award dated 22.10.2018 under the relevant provision of the RFCTLARR Act 2013. Compensation amount was fixed by the Authority for petitioner's land at Rs.3,35,000/-. Aggrieved, the petitioner filed an appeal before the District Collector, Ariyalur. District Collector passed an award dated 18.06.2022 and fixed the value of the land at Rs.108.14/- per sq.m. Petitioner filed Arbitration O.P.No.

80 of 2020 before the Principal District and Sessions Judge, Ariyalur to modify the award and enhance the compensation amount. Since both the O.P was long pending before the Principal District and Sessions Judge Ariyalur petitioner moved direction petition before this Court in CRP.No.1485 of 2023 in which this Court directed the Principal District and Sessions Judge, Ariyalur to dispose the matter within a period of four weeks from the date of receipt of a copy of this order. As per the direction of this Court the lower Court had allowed the Arbitration O.P.No.

consideration on 26.06.2024. Thereafter, the petitioner made a representation on 12.04.2025 to the 1st respondent for fresh consideration of O.P.No.80 of 2022. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

5. At the outset, it is submitted by the learned Additional Government Pleader for the respondents 1 & 3 that the above petition submitted by the petitioner would be considered and disposed of and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

6. 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 the first respondent, to consider and dispose of the petition MA.MU.E.1/2510/2019 on its own merits and after issuing notice to the petitioner and any other interested parties and objections/response of the petitioner, if any, shall also be taken into account along with documentary evidence and thereafter, pass appropriate orders in accordance with law, within a period of ten (10) weeks from the date of uploading of the web copy without 4/6

waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.

7. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

30.07.2025 (3/3) Speaking (or) Non Speaking Order Index : Yes/ No dpq 5/6

MOHAMMED SHAFFIQ, J.

dpq To:

1. The District Collector (Arbitrator) Ariyalur, Ariyalur District.

2. The Project Director National Highway Authority of India, Project Implementation of Unit, No.26, 1st floor, VGB Nagar West, Vazhuthareddy Post, Villupuram.

3. The Competent Authority and Special District Revenue Officer (LA) 227, National Highways, 2nd Floor, Old Collector Office, Trichy - 1.

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