R.Srinivasan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2018

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.No.32285 of 2018 and W.M.P.Nos.37521 & 37523 of 2018 R.Srinivasan ... Petitioner Vs.

1. The District Collector, Villupuram District, Villupuram.

2. The Competent Authority(L.A) Nh-45 Dindivam Bye pass, Villupuram Collectorate, Villupuram District, Tamilnadu.

3. National Highways Authority of India, rep. by its Project Director, in charge of NH 45, Tindivanam, Villupuram District, Tamilnadu ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records on the file of the first respondent relating to proceedings initiated by the first respondent in N.K.No.(Arbit)B1/24488/2017 dated 17.09.2018 and to quash the same and direct the respondents to pay the enhanced compensation at Rs.600 per sq.ft., in accordance with Section 3G(5) under National Highways Act 1956 as amended pertaining to the petitioner's land situated at No.11/1B1B measuring an extent of 00285 sq.mts or 3671 sq.ft at Kindangal Village, Thindivanam Town, Villupuram District.

For Petitioner : Mr. David Tyagaraj For Respondents : Mr C.Thirumaran, Spl. G.P.

for R1 & R2 : Mr.P.Richardson Wilson, for R3

O R D E R

This writ petition has been filed challenging the award passed by the first respondent under Section 3G(5) of the National Highways Act.

2. The learned counsel appearing for the petitioner submitted that challenging the very same arbitration award, he has already filed a petition before the District Court, Villupuram in Arbitration O.P.No.186/2018 and the same is pending. He fairly submitted that the petition pending before the District Court, the District Judge, Villupuram, may be directed to dispose of the petition within a reasonable time.

3. Considering the limited prayer sought for in the writ petition, without going into the merits of the case, the District Judge, Villupuram is directed to dispose the Arbitration O.P.No. 186/2018, within a period of four months from the date of receipt of a copy of this order. It is always open to the petitioner to raise all the points raised by him in this writ petition in the arbitration O.P.

4. With the above directions , this writ petition is disposed of .No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp To 1.The District Collector, Villupuram District, Villupuram.

2.The Competent Authority(L.A) Nh-45 Dindivam Bye pass, Villupuram Collectorate, Villupuram District, Tamilnadu.

3.The Project Director, in charge of NH 45, National Highways Authority of India, Tindivanam, Villupuram District, Tamilnadu

+2ccs to Mr.David Tyagaraj, Advocate, S.R.No.84328 +1cc to the Government Pleader, S.R.No.85469 W.P.No. 32285 of 2018 VGI(CO) rrs 06/02/2018