M. Kalaiselvi v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Second day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN in W.P.(M.D).No.7460 of 2015 M. Kalaiselvi ... Petitioner/Petitioner -Vs- 1 The Secretary, Ministry of Road Transport and Highways, New Delhi 2 The District Collector Cum Sole Arbitrator, National Highways Authority of India, Theni District. 3 The Competent Authority And Revenue Divisional Officer, Theni District 4 The Planning Commissioner, National Highways Authority, No. 83/1,1st Colony Extension, Byepass Road,Madurai.

5 Special Thasildar(NA), National Highways, No. 45E and 220 Part - 2, Uthammapalayam, Theni District.

... Respondents/Respondents 1/4

Prayer in WMP(MD). No.13671 of 2024 in W.P.(M.D).No.7460 of 2015:- This Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying this Court to extend the time to file the Arbitration Petition as per the terms granted in the order of this Honble Court dated 09.08.2023 in W.P.(MD) No.7460 of 2015 and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in WP(MD). 7460 of 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of certiorarified mandamus or any other writ or order of direction in the nature of writ calling for the records relating to the impugned order of the 2nd respondent in Na.Ka.No. A.P. 52/2015/Theni/NH-45E and 220/Alagu-II dated 13.03.2015 issued to the petitioner and quash the same and consequently direct the 2nd respondent to initiate Arbitration proceeding for enhancement of compensation on the petitioners appeal in accordance with the procedures contemplated under the Arbitration and conciliation Act, 1996, within a time frame that may be stipulated by its Honoruable Court. 2/4

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.P.Santhosh Kumar, Advocate for the Petitioner, this Court made the following order:

"This Petition is allowed.

The Petitioner is granted four more weeks from today to file the arbitration petition in terms of the order dated 09.08.2023 in W.P.(MD)No.7460 of 2015." Sd/- Assistant Registrar( W ) // True Copy // /07/2024 Sub Assistant Registrar (CS-I/II/III/IV) KK TO 1 The Secretary, Ministry of Road Transport and Highways, New Delhi 2 The District Collector Cum Sole Arbitrator, National Highways Authority of India, Theni District. 3 The Competent Authority And Revenue Divisional Officer, Theni District.

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4 The Planning Commissioner, National Highways Authority, No. 83/1,1st Colony Extension, Byepass Road,Madurai.

5 Special Thasildar(Na), National Highways, No. 45E and 220 Part - 2, Uthammapalayam, Theni District

6. The Government Pleader, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, writ Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 22/07/2024 ==========================

ORDER

========================== in W.P.(M.D).No.7460 of 2015 SI(25.07.2024) 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4