Madras High CourtWP(MD)/14045/2020dismissed

J.Dharmaraj v. The District Collector

2023-03-28Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2023

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA J.Dharmaraj ... 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 Ayyappan Kovil, Parvathipuram, Nagercoil - 629 003, Kanyakumari District.

4.The Union of India, Rep. by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, No.1, Parliament Street, New Delhi.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the second respondent to pass orders on the representation dated 27.05.2020 by implementing the first respondent's order dated 07.01.2019 in proceedings No.Na.Ka.Vu. 2/22410/2018 for refixation of compensation awarded in the modified award No.7/14-14 dated 22.09.2017 as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013). For Petitioner :

Mr.G.Justin For Respondents :

Mr.T.Amjadkhan, Government Advocate for R1 & R2 Mr.Su.Srinivasan for R3 Mr.P.Sundarvadivel, Central Government Standing Counsel for R4 COMMON ORDER The writ petitions are filed in the guise of a mandamus to enforce the Arbitration Award. The procedure for enforcing the Award is contemplated under Section 36 of the Arbitration and Conciliation Act, 1996. Without resorting to the same, the petitioners have moved this Writ Court under Article 226 of the Constitution of India.

2. The above writ petitions are not maintainable and therefore, the writ petitions are dismissed. No costs.

28.03.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The District Collector, Kanyakumari District, Nagercoil.

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

P.T.ASHA , J.

mbi WP(MD)Nos.14045, 14395, 14408, 14314, 14367 & 14382/2020 28.03.2023