T.J.Sethuram Babu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.01.2020
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA T.J.Sethuram Babu ... Petitioner Vs.
1) The District Collector, Arbitrator under National Highways Act, 1956,
2) The Authorised Officer and Special District Revenue Officer, National Highway, (Land Acquisition) (N.H.No.49), Ramanathapuram District.
3) The Special Tahsildar, Land Acquisition N.H.No.49 Unit I, Manamadurai, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to dispose of Appeal filed by the petitioner in Arbitration Petition No.C-1/12174/2016 dated 04.07.2016 under Section 64 proviso of the Act on merits within a period to be fixed by this Court. For Petitioner : Mr.T.R.Subramanian For Respondents : Mr.M.Rajarajan, Government Advocate
O R D E R
By consent, the writ petition is taken up for disposal at the admission stage itself.
2. The writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the Appeal filed by the petitioner in Arbitration Petition No.C-1/12174/2016 dated 04.07.2016 under Section 64 proviso of the Act on merits within a period to be fixed by this Court. 1/3
3. The case of the petitioner is that he is the co-owner of the property in Survey Nos.163/1B, 163/4c and 169/1 measuring an extent of 12,243 sq.meters of punja land and housing site. The above said property has been used as a housing site for residential purpose and the third respondent acquired the said property in Na.Ka.N.H.No.49/Unit V/73/2013 and passed an award No.29/2014-15 dated 30.07.2014 and the same was received by the petitioner on 13.04.2016. Since a meager amount was granted as compensation, an Appeal against the above said award in Arbitration petition No.C1/12174/2016 dated 04.07.2016 has been filed and is pending before the District Collector of Sivagangai for enhancement of compensation as per amendment Act, 2013.
4. Further, the petitioner sent a representation dated 20.04.2018 to the first respondent to dispose of the Appeal against the award in Arbitration petition No.C-1/12174/2016 dated 04.07.2016. Since the representation of the petitioner has not been considered, he has approached this Court by way of filing this writ petition to redress his grievance with regard to the disposal of the appeal within the time stipulated by this Court.
5. In view of the above, without expressing any opinion on the merits of the claim made by the petitioner, the respondents are directed to dispose of the appeal within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) sts To:
1) The District Collector, Arbitration under National Highways Act, 1956,
2) The Authorised Officer and Special District Revenue Officer, National Highway, (Land Acquisition) (N.H.No.49), Ramanathapuram District.
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3) The Special Tahsildar, Land Acquisition N.H.No.49 Unit I, Manamadurai, +1 CC to M/s.T.R.SUBRAMANIAN, Advocate ( SR-1895[F] dated 20/01/2020 Order made in Dated: 20.01.2020 JMN(07.02.2020) 3P : 5C 3/3