Madras High CourtWP(MD)/7083/2020dismissed

S.Mohan Neela Judith v. District Collector

2023-03-24Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA S.Mohan Neela Judith .. Petitioner Vs.

1.District Collector, Kannyakumari District, Nagercoil-1.

2.The Competent Authority and Special District Revenue Officer, Tirunelveli, Office at Observatory Street, Nagercoil-1, Kannyakumari District.

3.The Special Tahsildar, Office of the Special District Revenue Officer, Nagercoil, Kannyakumari District.

4.The Project Director, National Highways Authority, Parvathipuram, Nagercoil, Kannyakumari District.

.. Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to pass order on the petitioner's representations dated 26.02.2020 and 02.03.2020 sent to the respondents in the matter of paying enhanced compensation in respect of the petitioner's land totally measuring 2649 sq. mt (65.5 cents), comprised in Sy.Nos.821/4B, 821/5, 832/2, 832/3B and 832 acquired by respondents 2 to 4 for National Highway within a time limit as fixed by this Court.

For Petitioner :

Mr.C.Dhanaseelan For R1 :

Mr.J.John Rajadurai Government Advocate For RR2 to 4 :

Mr.C.Arulvadivel @ Sekar Standing Counsel

ORDER

This writ petition is filed to issue a writ of mandamus to direct the respondents to pass orders on the petitioner's representations dated 26.02.2020 and 02.03.2020 sent to the respondents in the matter of paying enhanced compensation in respect of the petitioner's land, comprised in Sy.Nos.821/4B, 821/5, 832/2, 832/3B and 832 acquired by respondents 2 to 4 for National Highway within a time limit.

2. This writ petition is not maintainable, since the remedy available to the petitioner is only to file an execution petition to execute the award passed under the Arbitration and Conciliation Act, 1996 and there appears to be no application filed by the respondents for setting aside the award. Accordingly, this Writ Petition is dismissed. However, there shall be no order as to costs.

24.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Kannyakumari District, Nagercoil-1.

2.The Competent Authority and Special District Revenue Officer, Tirunelveli, Office at Observatory Street, Nagercoil-1, Kannyakumari District.

P.T.ASHA, J.

abr 3.The Special Tahsildar, Office of the Special District Revenue Officer, Nagercoil, Kannyakumari District.

4.The Project Director, National Highways Authority, Parvathipuram, Nagercoil, Kannyakumari District.

Dated: 24.03.2023