Madras High CourtWP(MD)/5407/2018disposed of

S.Sundarapandian, v. The District Collector/

2018-03-14Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.5407 of 2018 S.Sundarapandian ...

Petitioner Vs.

1.The District Collector/Arbitrator, Madurai.

2.The Authorized Officer/Special District Revenue Officer, National Highway, (Land Acquisition-Ramanathapuram National Highway-49), Ramanathapuram.

3.National Highways Authority of India, Rep by its Project Director, National Highway 49, Subramaniapuram 3rd Street, 1st and 2nd floor, Karaikudi.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct 1st respondent to dispose of the petitioner's arbitration proceedings in Appeal No.36/MST/Puliangulam/2016 within a time frame fixed by this Court. For Petitioner : Mr.M.Saravanan For Respondents 1&2 : Mrs.J.Padmavathidevi, Special Government Pleader.

For 3rd Respondent : Dr.R.Rajagopal

ORDER

The writ petition has been filed seeking direction to the first respondent to dispose of the petitioner's arbitration proceedings in Appeal No.36/MST/Puliangulam/2016 within a time frame fixed by this Court.

2.According to the petitioner, the lands of the petitioner were acquired by the respondents under the National Highways Act, 1956 (in short, 'the Act') for laying road. Subsequently, an award was also passed on 20.08.2015 by the second respondent. Being not satisfied with the said award, the petitioner filed appeal before the Arbitrator, the first respondent herein under Section 3G(5) of the Act in the year 2017. Since no order has been passed, the present writ petitions have been filed.

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3.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the first respondent to dispose of the appeal filed by the petitioner within a period of twelve weeks from the date of receipt of a copy of this order, after giving an opportunity to the petitioners. 4.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The District Collector/Arbitrator, Madurai.

2.The Authorized Officer/Special District Revenue Officer, National Highway, (Land Acquisition-Ramanathapuram National Highway-49), Ramanathapuram.

+One cc to The Special Government Pleader, SR.No.55168 sms RL/4C/2p/KK/SAR1/4/4/2018 Writ Petition (MD) No.5407 of 2018 14.03.2018 ( 2/2) https://hcservices.ecourts.gov.in/hcservices/