Ayyar Sigamani M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI M.Ayyar Sigamani ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Thanjavur District.

2.The Competent Authority and Special District Revenue Officer (LA), National Highways 45C, Vikravandi-Kumbakonam-Thanjavur Division, Thiruvaru.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to conduct fresh enquiry against the award proceedings dated 05.01.2017 and 20.09.2018 and to disburse the enhanced compensation amount within the time frame fixed by this Court.

For Petitioner :

Ms.M.Uma Nandhini For R-1 :

Mrs.S.Jeyapriya Government Advocate For R-2 :

Mr.R.Rajagobal 1/5

O R D E R

Heard the learned counsel for the parties.

2. The learned counsel for the petitioner submits that aggrieved by the compensation amount offered for the acquisition proceedings, the petitioner has filed an Arbitration Original Petition before the District collector i.e., the 1st respondent herein.

3. The grievance of the petitioner is that the compensation that has been offered is abysmally low and the provisions of Act 30 of 2013 have not been followed in letter and spirit. The petitioner is also aggrieved by the delay on the part of the District Collector in passing the award.

4. The learned Standing Counsel for the 2nd respondent would submit that the Highways is a proper and necessary party before the arbitrator since the acquisition proceedings have been initiated only for the benefit of the National Highways and they are going to release the compensation amount determined by the Arbitrator.

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5. In the light of the above, the contentions of the learned Standing Counsel is justified and the petitioner is entitled to implead the National Highways before the 1st respondent in the arbitration proceedings. Such exercise shall be carried out by the petitioner within a period of four (4) weeks from the date of receipt of the copy of this order. Thereafter, the 1st respondent shall conduct fresh enquiry, give opportunities to both the petitioner as well as the National Highways and dispose of the Arbitration Original Petition, on merits and in accordance with law, after considering the submissions, contentions, objections of the parties to the Arbitration Original Petition and pass final orders, within a period of three (3) months thereafter.

6. With the above directions, this Writ Petition stands disposed of. No costs.

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To:

1.The District Collector, Office of the District Collector, Thanjavur District.

2.The Competent Authority and Special District Revenue Officer (LA), National Highways 45C, Vikravandi-Kumbakonam-Thanjavur Division, Thiruvaru.

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P.B.BALAJI , J.

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