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Madras High CourtWP/29488/2024disposed of

Ganeshan v. The Arbitrator Cum- District Collector

2026-03-10Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 32142 OF 2024 Ganeshan, S/o.Moogan @ Mugappan Gounder, Door No. 5/382, Echanahalli Village, Denkanikottai Taluk, Krishnagiri District.

Petitioner(s) Vs 1.The Arbitrator Cum- District Collector, Collectorate Office, Krishnagiri District.

2.Competent Authority And Special District Revenue Officer - (Land Acquisition National Highways 7, 46, 47, 66 And 844 ) Krishnagiri District.

3.The Project Director (NH 844), National Highways Authority Of India, PIU- Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri District. 4.The Executive Engineer, Pwd Buildings (C and M) Division, Krishnagiri District- 636 001.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 1st respondent to act upon the petitioner's representation dated 08.07.2024 and pay compensation for the electrical charges after conducting proper valuation of the electrical fittings available in the petitioner's building and Residential House comprised in S.No.96/ 2B and S.No. 96/2C, Echanahalli Village Denkanikottai Taluk Krishnagiri District, within the time to be stipulated by this Court. For Petitioner(s):

Mr.R.Rameshraja For Respondent(s):

Mrs.Indhu Bala Additional Government Pleader For R1, R2 & R4 Mr.Su.Srinivasan, Standing Counsel For R3

ORDER

This writ petition has been filed by the petitioner seeking to direct the 1st respondent to act upon the petitioner's representation dated 08.07.2024 and pay the compensation for the electrical charges after conducting proper valuation of the electrical fittings available in the petitioner's building and Residential House comprised in S.No.96/ 2B and S.No. 96/2C, Echanahalli Village Denkanikottai Taluk, Krishnagiri District.

2.Learned counsel for the petitioner would submit that the petitioner's property more fully described in the affidavit filed in support of this writ

petition has been acquired by the National Highways Authority and the compensation was also determined. Since the petitioner was not satisfied with the valuation fixed by the Authorities for his lands, he filed a writ petition in W.P.No.26281 of 2023, wherein this Court vide order dated 08.09.2023 directed the petitioner to approach the 1st respondent. Consequently, the respondents have done the revaluation but they failed to consider the payment of electrical charges for the electrical fittings and points available in the building. Hence, the petitioner made a representation on 08.07.2024, requesting the Authorities to consider the electrical charges. Since the same was not considered, the present writ petition has been filed.

3.Learned Standing Counsel appearing for the 3rd respondent would submit that if at all the petitioner has any grievance regarding the compensation, he supposed to file an application for enhancement of compensation. The respondents are ready to refer the matter to the concerned Authority for enhancement of compensation. Therefore, the right course available for the petitioner is to file an application under Section 34 of the Arbitration and Conciliation Act.

4.In reply, learned counsel for the petitioner would submit that though this Court directed the petitioner to approach the 1st respondent for the purpose of determination of electricity charges, the 1st respondent had failed to

determine the same.

5.Heard the learned counsel for the petitioner; learned Additional Government Pleader appearing for the respondent 1, 2 & 4 and the learned Standing Counsel appearing for the 3rd respondent. 6.Considering the submissions made by either parties, it is evident that initially the 2nd respondent passed an award dated 21.10.2021 for the lands acquired from the petitioners. Against the said award the petitioner filed a claim before the 1st respondent Arbitrator, who passed an order on 21.06.2024 after taking into consideration of the valuation report submitted by the 4th respondent subsequent to the direction of this Court in W.P.No.26281 of 2023 dated 08.09.2023.

However, now the petitioner's grievance is that the 1st respondent has not covered the values for the electrical charges based on the electricity fittings and service connection available in the subject premises. 7.Such being the case, this Court is of the view that as rightly contended by the learned Standing Counsel appearing for the 3rd respondent, if the petitioner is aggrieved over the compensation awarded, he has to challenge the order of the 1st respondent under Section 34 of the Arbitration and Conciliation Act.

period of four weeks from the date of receipt of a copy of this order. 8.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 10-03-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Arbitrator Cum- District Collector Collectorate Office, Krishnagiri District.

2.The Competent Authority And Special District Revenue Officer - (Land Acquisition National Highways 7, 46, 47, 66 And 844 ) Krishnagiri District.

3.The Project Director (NH 844), National Highways Authority Of India PIU- Krishnagiri 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri District.

4.The Executive Engineer, Pwd Buildings (C and M) Division, Krishnagiri District- 636 001.

KRISHNAN RAMASAMY J.

rst AND WMP NO. 32142 OF 2024 10-03-2026