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Madras High CourtWP/34847/2022dismissed as withdrawal

Balusamy v. The District Collector

2023-01-02Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.34847 of 2022 Balusamy ... Petitioner -Vs1. The District Collector cum Arbitrator, District Collector Office, Ariyalur.

2. The Project Director, National Highways Authority of India, No.54, 1st Floort, Nadarajapuram, North Colony, Medical College Street, Thanjavur - 613 004.

3. The Competent Authority and District Revenue Officer, (Land Acquisition), National Highway - 45C, District Collector's Office, Ariyalur.

4. The Special Tahsildar, National Highways Authority of India - 45C, Block - 1, Jayankondam.

... Respondents Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records in Arbitration Case No.28 (Ariyalur) 1/4

nk/K/vz;/o/1/1425/2022 dated 18.05.2022 on the file of the 1st respondent and to quash the same as illegal and consequently direct the 1st respondent to pass orders on merits by verifying the 4th respondent's report dated 19.10.2020 along with NHAI Valuation Engineer report dated 24.08.2020 submitted by the 4th respondent and fix the compensation for the acquired left-out structure in Survey Nos.153/1 and 153/1B and pay compensation under RFCTLARR Act 2013 for the acquired building.

For Petitioner : Mr. R.Venkatesulu For Respondents : Mr.P.Sathish Additional Government Pleader [R1, R3 and R4] Mr.Su.Srinivasan Standing Counsel [R2]

ORDER

Learned counsel appearing for the petitioner wants to withdraw this writ petition with the liberty to file Arbitration Appeal before the concerned Court against the Arbitration Award passed by the first respondent District Collector cum Arbitrator through the impugned award.

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2. Recording the said submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with the aforesaid liberty. No costs.

02.01.2023 Index : Yes/No mp To

1. The District Collector cum Arbitrator, District Collector Office, Ariyalur.

2. The Project Director, National Highways Authority of India, No.54, 1st Floort, Nadarajapuram, North Colony, Medical College Street, Thanjavur - 613 004.

3. The Competent Authority and District Revenue Officer, (Land Acquisition), National Highway - 45C, District Collector's Office, Ariyalur.

4. The Special Tahsildar, National Highways Authority of India - 45C, Block - 1, Jayankondam.

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R.SURESH KUMAR, J.

mp W.P.No. 34847 of 2022 02.01.2023 4/4