T.G.Paneerselvan v. District Collector And Arbitrator
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.Nos.34439, 34445 , 34475 & 34479 of 2023 and W.M.P.Nos.34361, 34382 & 34384 of 2023 W.P.No.34439 of 2023 T.G.Paneerselvan ... Petitioner Vs.
1. The District Collector & Arbitrator, Salem District, Salem.
2. The Special District Revenue Officer (LA), NH-68, Salem-Villupuram Districts, Salem - 636 001.
3. The Special Tahsildar, Attur Unit at Narasingapuram, Attur Taluk, Salem District.
4. The Project Director, National Highways Authority-68, Villupuram.
[ R4 suo motu impleader as per order dated 15.12.2023 in W.P.No.34439 of 2023] ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to comply with and implement the orders passed by the first respondent in Aa.Va.No.135/RP/NH No.68 dated 20.02.2023 paying and disbursing the compensation amount with interest. W.P.No.34445 of 2023
1. S.Duraisamy
2. Sujatha
3. Valliammal
4. Sathiyapriya
5. M.Balakrishnan
6. M.Mariappan ... Petitioners Vs
1. The District Collector & Arbitrator, Salem District, Salem.
2. The Special District Revenue Officer (LA), NH-68, Salem-Villupuram Districts, Salem - 636 001.
3. The Special Tahsildar, Attur Unit at Narasingapuram, Attur Taluk, Salem District.
4. The Project Director, National Highways Authority-68, Villupuram.
[ R4 suo motu impleader as per order dated 15.12.2023 in W.P.No.34445 of 2023] ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to comply with and implement the orders passed by the first respondent in Aa.Va.No.96, 97, 104, 123 & 138/RP/NH No.68 dated 30.03.2023 by paying and disbursing the compensation amount with interest within a time frame.
W.P.No.34475 of 2023
1. Chinnammal
2. R.Osumani ... Petitioners Vs.
1. The District Collector & Arbitrator, Salem District, Salem.
2. The Special District Revenue Officer (LA), NH-68, Salem-Villupuram Districts, Salem - 636 001.
3. The Special Tahsildar, Attur Unit at Narasingapuram, Attur Taluk, Salem District.
4. The Project Director, National Highways Authority-68, Villupuram.
[ R4 suo motu impleader as per order dated 15.12.2023 in W.P.No.34475 of 2023] ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to comply with and implement the orders passed by the first respondent in Aa.Va.No.296 & 460/RP/NH No.68 dated 05.08.2023 paying and disbursing the compensation amount with interest. W.P.No.34479 of 2023
1. V.Annadurai
2. P.Selvaraj
3. R.Gunasekaran
4. A.Sathyapriya
5. M.Senthil
6. K.Kumar 7.S.Ranganathan 8.M.Rajesh ... Petitioners Vs.
1. The District Collector & Arbitrator, Salem District, Salem.
2. The Special District Revenue Officer (LA), NH-68, Salem-Villupuram Districts, Salem - 636 001.
3. The Special Tahsildar, Attur Unit at Narasingapuram, Attur Taluk, Salem District.
4. The Project Director, National Highways Authority-68, Villupuram.
[ R4 suo motu impleader as per order dated 15.12.2023 in W.P.No.34479 of 2023] ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to comply with and implement the orders passed by the first respondent in Aa.Va.No.289, 294, 297, 308, 119 & 381, 459 & 472, 710, 719 and 238 & 712/NH No.68 dated 31.03.2023 paying and disbursing the compensation amount with interest.
For Petitioner : Mr.V.Subramani For R1 to R3 : Mr.R.Ramanlaal, AAG Assisted by Mr.Yogesh Kannadasan, Special Government Pleader For R4 : Mr.Su.Srinivasan SC for NHAI C O M M O N O R D E R The Writ Petitions have been filed to issue a Writ of Mandamus, directing the second respondent herein to comply with and implement the orders passed by the first respondent.
2. Heard the learned counsel appearing for the petitioner, the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for R1 to R3 and the learned Standing Counsel appearing for NHAI/R4.
3. It is submitted by the learned Additional Advocate General appearing for the respondents 1 to 3 that the District Collector/Arbitrator-first respondent herein has already passed an order for enhancement of compensation. Subsequently, the Special District Revenue Officer (LA)/second respondent herein forwarded the letter to the requisition body to allocate necessary funds to meet out the enhancement of compensation. Hence, this Court vide order dated 15.12.2023 suo-motu impleaded the requisition body namely the Project Director, National Highways Authority-68, Villupuram as fourth respondent in the writ petitions.
4. Today, when the matter is taken up for hearing it is submitted by the learned Standing Counsel appearing for the fourth respondent that they already deposited the award amount including the enhancement of compensation passed by the Arbitrator.
5. In view of the above submission, the respondents are directed to disburse the award amount to the petitioners by implementing the order of the Arbitrator within a period of two months.
6. With the abovesaid direction, the Writ Petitions are disposed of. There shall be no order as to costs. W.M.P.Nos.34361, 34382 & 34384 of 2023 are ordered on payment of separate court fees by each of the petitioners.
7. List the matter on 06.03.2024 for reporting compliance. 05.01.2024 mfa Index:Yes/No Speaking Order: Yes/No
To
1. The District Collector & Arbitrator, Salem District, Salem.
2. The Special District Revenue Officer (LA), NH-68, Salem-Villupuram Districts, Salem - 636 001.
3. The Special Tahsildar, Attur Unit at Narasingapuram, Attur Taluk, Salem District.
4. The Project Director, National Highways Authority-68, Villupuram.
P.VELMURUGAN, J.
mfa W.P.Nos.34439, 34445 , 34475 & 34479 of 2023 and W.M.P.Nos.34361, 34382 & 34384 of 2023 05.01.2024