Madras High CourtWP(MD)/1033/2024withdrawn dismissed

M.Krishna Prasad v. The District Collector

2025-07-31Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Krishna Prasad ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Kanyakumari @ Nagercoil-629001 2.The Project Director, National Highways Authority of India, PIU-Nagercoil, No.395/3-1, M.S.Road, Majestic Colony, Nr.Ayyappan Kovil, Parvathipuram, Nagercoil-629 003.

3.The Special District Revenue Officer (L.A-NH) O/O.Special District Revenue Office(L.A-NH) No.744, Door.No.2/169-2, Sevvalpatti Road, Modern Nagar, Virudhunagar -626 002.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 3rd respondent

to comply with the directions to the 1st respondent as spelt out in the first respondents communication ref.No.O/mu-2/E-114274/2022 dated 05.09.2022 by conducting an enquiry and submit a report by reckoning Rs.1840/- per sq.mtrs., as the market value and by strictly adhering to all the applicable provisions of the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013 (Act 30/2013), with particular reference Section 30 and First Schedule appended to the Act, Within a time limit that may be prescribed by this Court.

For Petitioner : Mr.B.Hari Krishnan For R1 & R3 : Mrs.K.Malathi Additional Government Pleader For R2 : Mr.P.Karthick

ORDER

The learned counsel appearing for the petitioner seeks leave of this Court to withdraw this writ petition with liberty to file an Arbitration Original Petition under Section 34 of Arbitration and Conciliation Act. He has also made an endorsement in the case bundle to that effect.

2.Recording the same, this Writ Petition is dismissed as with drawn, with liberty to file an Arbitration Original Petition challenging the impugned award. It is made clear that the petitioner is entitled to exclude the time taken by him in prosecuting the writ petition (i.e., from 09.01.2024 to the date of receipt of the order). No costs. 31.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The District Collector, Kanyakumari District, Kanyakumari @ Nagercoil-629001 3.The Special District Revenue Officer (L.A-NH) O/O.Special District Revenue Office(L.A-NH) No.744, Door.No.2/169-2, Sevvalpatti Road, Modern Nagar, Virudhunagar -626 002.

S.SOUNTHAR ,J cp W.P.(MD)No.1033 of 2024 Dated: 31.07.2025