Madras High CourtWP(MD)/5128/2020dismissed as withdrawal

Joseph Ligori v. The District Collector

2020-03-12Honourable Mr Justice P.D.Audikesavalu2 pages

W.P.(MD)No. 5128 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2020 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.5128 of 2020 Joseph Ligori ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Competent Authority & District Revenue Officer, Land Acquisition National Highways, Tirunelveli @ Nagercoil, Kanyakumari District.

3.The Project Director cum DGM (Tech), No.314E, K.P.Road, Near Ayappan Kovil, Parvathipuram, Nagercoil-629 003, Kanyakumari District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorarified Mandamus, to call for all records pertaining to passing of the order dated 11.06.2019 on the file of the First Respondent in proceedings Na.Ka.no.Vu2/26909/2017 and quash the same and consequently direct the First Respondent to re-fix the compensation awarded, in the modified award 7/2015-30 dated 10.09.2018 as per the provision of Section 26-30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and by applying multiplier two and pay the revised compensation together with interest and other benefits to the Petitioner. For Petitioner : Mr.G.Justin For Respondents 1 & 2 : Mr.M.Rajarajan Government Advocate For Respondent 3 : Mr.Su.Srinivasan

ORDER

When it is pointed out that there is statutory remedy under Section 34 of the Arbitration Act, 1996 to challenge the impugned order before the jurisdictional Civil Court, Learned Counsel for the Petitioner seeks permission of this Court to withdraw this Writ https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No. 5128 of 2020 Petition with liberty to resort to the same. He has also made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn, granting such liberty. No costs.

Sd/- Assistant Registrar (co) // True Copy // / /2020 Sub Assistant Registrar(CS) ta/sj To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Competent Authority & District Revenue Officer, Land Acquisition National Highways, Tirunelveli @ Nagercoil, Kanyakumari District.

Copy to:

The Section Officer, ER Section, Madurai Bench of Madras High Court, Madurai.

(to return the original impugned order to the petitioner) +1 CC to M/s.G.JUSTIN, Advocate ( SR-11269[F] dated 12/03/2020 ) +1 CC to M/s.SPL.GP ( SR-11584[F] dated 13/03/2020 ) +1 CC to M/s.SU.SRINIVASAN, Advocate ( SR-11642[F] dated 13/03/2020 ) W.P.(MD)No.5128 of 2020 12.03.2020 KB(20/03/2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2