R.K.Selvamani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.28036 of 2025 and WMP.No.31422 of 2025
1. R.K.Selvamani
2. S.V.Ragul
3. M.Dharmaraj ... Petitioners 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 Na.Ka.D.1/8016/2017 which is filing to enhance the award amount for acquisition of the land measuring about 4312 square meter of land compromised 1/6
in survey No.124/5B, 124/6A,125/8D 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 the petition Na.Ka.D.1/8016/2017 filed to enhance the award amount for acquisition of the land measuring about 4312 square meter of land compromised in survey No.124/5B, 124/6A,125/8D of Periyavalayam Village, Udayapalayam Taluk, Ariyalur district 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 4312 sq metres, comprised in Survey Nos.124/5B, 124/6A, 125/8D 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 passed proceedings in No.RC.NH1/91/2017 and Award No.28/2017-2018 dated 22.10.2018 in respect of the said acquired land and fixed the compensation amount at Rs.108.14 per sq.metre. Aggrieved, petitioner filed Appeal before the District Collector, Ariyalur (Arbitrator) for enhancing the compensation amount. The District Collector, Ariyalur enhanced the compensation amount from Rs.108.14 to Rs.2031.94 upon conducting a detailed enquiry.
4. Petitioner filed Arbitration O.P.No.54/2020 before the Principal District and Sessions Judge, Ariyalur for enhancing the compensation amount against the order passed by the District Collector, Ariyalur. Simultaneously the 2nd respondent herein filed an Arbitration O.P.No.60 of 2020 before the same Court for setting aside the order passed by the District Collector of Ariyalur. Since both the O.Ps was long pending before the Principal District and Sessions Judge Ariyalur the petitioner moved direction petition before this Court in CRP.No.1484 of 2023 and CRP.No.1486 of 2023 in which this Court directed the 3/6
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 the order. As per the direction of this Court the lower Court had dismissed the Arbitration O.P.No.54 of 2024 and simultaneously allowed the Arbitration O.P.No.60 of 2020 and remanded back to the 1st respondent for fresh 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.60 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 Na.Ka.D.1/8016/2017 on its own merits and after issuing notice to the 4/6
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 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. Consequently connected miscellaneous petition is also closed. 30.07.2025 (2/3) 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.
W.P. No.28036 of 2025 (2/3) 30.07.2025 6/6