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Madras High CourtWP(MD)/15759/2017disposed of

A.Samiyappan, v. The District Collector Cum

2017-08-22Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) Nos.15759 to 15763 of 2017

1. A.Samiyappan ...Petitioner in W.P.(MD) Nos.15759 & 15760/2017 2.S.Ananth

...Petitioner in W.P.(MD) No.15761/2017

3. A.Karuppannan

...Petitioner in W.P.(MD) Nos.15762 & 15763 2017

-vs1.

The District Collector-cum-Arbitrator, Karur District, Karur.

2.

The Competent Authority-The Revenue Divisional Officer (LA), NH 67 Road, Kulithalai, Krishnarayapuram Taluk, Karur District.

... Common Respondents COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to dispose the petitioners'

arbitration application dated 11.01.2014 filed under section 3-G

(5) of the National Highways Act, 1956 as against the order of the 2nd respondent on merits in accordance with law within the time frame fixed by this Hon'ble court.

For Petitioners : Mr.N.Shanmugaselvam For Respondents : Mr.J.Gunaseelan Muthiah Govt. Advocate ****** C O M M O N O R D E R These writ petitions have been filed by the petitioners, seeking to direct the 1st respondent to dispose of their Arbitration Application dated 11.01.2014 filed under Section 3-G

(5) of the National Highways Act, 1956 as against the order of the 2nd respondent on merits and in accordance with law.

2. Heard the learned counsel on either side.

3. The case of the petitioners is that since the compensation awarded by the 2nd respondent for acquisition of the petitioners' land for the purpose of National Highways 67, was very low, the petitioners filed an Arbitration Application before the 1st respondent under Section 3-G(5) of the National Highways Act, 1956 and since the same has not been disposed of, the petitioners are before this Court with the above prayer.

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4. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioners, this Court directs the first respondent to consider the Arbitration Applications dated 30.12.2013, filed by the petitioners, which were sent through registered post on 11.01.2014 and pass necessary orders thereon on merits and in accordance with law, if not considered earlier, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, these petitions are disposed of. No costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To:

1.

The District Collector-cum-Arbitrator, Karur District, Karur.

2.

The Competent Authority-The Revenue Divisional Officer (LA), NH 67 Road, Kulithalai, Krishnarayapuram Taluk, Karur District.

+5ccs to Mr.N.Shanmugaselvam, Advocate, SR.Nos.74174, 74178, 74175, 74176 and 74177 +5cc to The Special Government Pleader, SR.Nos.74620, 74623, 74621, 74625 and 74624 ar RL/8C/2P/MR/KKR/SAR3/4/9/2017 W.P(MD)Nos.15759 to 15763 of 2017 22.08.2017 https://hcservices.ecourts.gov.in/hcservices/