K.Ayyavu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2020 CORAM :

THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.No.4309 of 2019 1 K.AYYAVU 2 RANI 3 RAMASWAMY 4 PONMALAI 5 VENKATACHALAM 6 RASAPPAN 7 PALANIVEL 8 VENKATACHALAM 9 ELANGOVAN 10 SUBRAMANIAN 11 KALIMUTHU 12 SENGODAGOUNDER 13 NALLAIYAGOUNDER 14 JAYARAMAN 15 SRI RANGANATHAN 16 PERIYASAMY 17 PERUMAYEE 18 PONNUPAIYAN @ SENGODA GOUNDER 19 RAVICHANDRAN

20 SEKAR 21 KUMAR 22 MANIMUTHU 23 K. RAJU 24 A. SENGOTTAIYAN 25 S. THENMOZHI 26 S. RAMAMOORTHY 27 R. SELVAM 28 SELVAM 29 S. SANTHI 30 SARAVANAN 31 CHITRA 32 T. CHANDIRA 33 CHANDIRA 34 KAVITHA 35 JANAKI 36 PRESIDENT SOCIETY CONGREGATION SISTERS ST.JOSEPH CLUNY FATIMA CONVENT, LINE MEDU, GUGAI, SALEM.

37 THANGARAJAN 38 D. VENKATESAN 39 JAYAMANI KAMARAJ 40 K. RAJU 41 VALARMATHI

42 SRI MURGAANDHA SATHU SABAI MADALAYAM SRI KADSHINAMOORTHY THIRUKOIL IRAIPANI MANDRA COMMITTEE SRI DAKSHINAMOORTHY TEMPLE SEELANAICKENATTY POST SALEM.

43 K. RAJU .. Appellants vs.

1 THE DISTRICT COLLECTOR AND SOLE ARBITRATOR, SALEM COLLECTORATE 2 SPEICAL DRO (LAND ACQUISITION) OFFICE NATIONAL HIGHWAYS NO.68 RAM NAGAR, SWARNAPURI II GATE SALEM - 636 004 PRESENTLY AT SPECIAL DRO (LA) SALEM - CHENNAI GREEN FIELD CORRIDOR PROJECT, NH 179 a & 68, STREET, SALEM, ROOM NO.414, IV FLOOR, COLLECTOR OFFICE BUILDING, 3 SPECIAL DISTRICT REVENUE OFFICE (LA) NH.7, 46 AND 47 SALEM - KRISHNAGIRI DISTRICTS KRISHNAGIRI.

.. Respondents Appeal filed under Clause 15 of the Letters Patent against the order dated 15.10.2019 in W.P.No.29258 of 2019 on the file of this Court.

Prayer in WP. 29258 of 2019:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, proceedings of the first respondent dated 21.06.2019 in Na.ka.No.7451 of 2018 and declare the same as null and void as Arbitrary, violative of principles of natural justice contrary to law and established legal practices.

For Appellants : Mr.P.B.Sampath Kumar For Respondents : Mr.V.Anandhamurthy Addl. Govt. Pleader

JUDGMENT

(Delivered by The Hon'ble Chief Justice) We have heard learned counsel for the appellants at length, who contends that the observation made by the learned Single Judge that the proceedings can be undertaken by way of arbitration would be a far- fetched remedy keeping in view the long standing litigation, which the appellants had to pursue for the purpose of seeking their rightful claim. Learned counsel for the appellants has invited the attention of the Court to the merits of the claim to contend that ex facie such a claim could not have been denied and therefore, the appellants should not be compelled to undertake the process as suggested by the learned Single Judge.

2. Having considered the submissions raised and the past litigation as well as the further fact that in respect of solatium and such other amounts, the matter has already reached the Apex Court at the instance of the appellants, we are not inclined to entertain this appeal, however without prejudice to the rights of the appellants to seek remedy as indicated in the impugned judgment or otherwise in accordance with law. It will be open to the appellants to press for such payments as may be permissible and admissible either under the provisions of law or under any adjudication already made between the parties, including any inter-parties judgment, in respect of any such amount that can be claimed under law.

The appeal is disposed of with the said observation. No costs.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar bbr To 1 THE DISTRICT COLLECTOR AND SOLE ARBITRATOR, SALEM COLLECTORATE 2 THE SPEICAL DRO (LAND ACQUISITION) OFFICE NATIONAL HIGHWAYS NO.68 RAM NAGAR, SWARNAPURI II GATE SALEM - 636 004

PRESENTLY AT SPECIAL DRO (LA) SALEM - CHENNAI GREEN FIELD CORRIDOR PROJECT, NH 179 a & 68, STREET, SALEM, ROOM NO.414, IV FLOOR, COLLECTOR OFFICE BUILDING, 3 THE SPECIAL DISTRICT REVENUE OFFICE (LA) NH.7, 46 AND 47 SALEM - KRISHNAGIRI DISTRICTS KRISHNAGIRI.

+1cc to Mr.P.B.Sampath Kumar, Advocate, S.R.No. 4521 +1cc to the Government Pleader, S.R.No. 4777 W.A.No.4309 of 2019 RK(CO) GN(07/02/2020)