Madras High CourtWP(MD)/8494/2017disposed of

A.Ganesan, v. The Arbitrator / District

2017-06-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.8494 of 2017 1.A.Ganesan 2.Karthikeyan 3.Kathiresan 4.Kavaskar : Petitioners -vs1. The Arbitrator/District Collector, Ramanathapuram National Highways-49, Sivagangai District, Sivagangai.

2. The Competent Authority-cum- Special District Revenue Officer, (Land Acquisition), Ramanathapuram National Highways-49, Sivagangai District, Sivagangai. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct the 1st respondent to dispose the application given by the petitioner, dated 23.08.2016 for enhancing the award amount passed by the 2nd respondent in his proceedings in Na.Ka./The.Ney.49/Alagu V/160/2013, dated Nil 2014 passed under National Highways Act, 1956 in respect of land in Survey No.182/6 to an extent of 1464 sq. ft situated at Thoothai Village, Thiruppuvanam Taluk, Sivagangai District, within a time frame as fixed by this court. For Petitioner : Mr.R.M.Anbunithi For Respondents : Mr.D.Muruganandham Additional Government Pleader

O R D E R

The prayer sought for in this writ petition is to direct the 1st respondent to dispose of the application of the petitioners, dated 23.08.2016 preferred against the award of the 2nd respondent in his proceedings in Na.Ka./The.Ney.49/Alagu V/160/2013, dated Nil 2014 passed under National Highways Act, 1956 in respect of land in Survey No.182/6 to an extent of 1464 sq. ft situated at https://hcservices.ecourts.gov.in/hcservices/

Thoothai Village, Thiruppuvanam Taluk, Sivagangai District, within a time frame.

2.Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record. 3.The learned counsel appearing for the petitioners would submit that after receiving application from the petitioners, the first respondent has issued a notice, dated 04.08.2016 fixing enquiry on 23.08.2016. However, the appeal is not yet disposed of, which causes mental agony and irreparable loss to the petitioners. 4.The grievance of the petitioners is that the appeal/application preferred by the petitioners against the award passed by the 2nd respondent, before the first respondent is not yet disposed of.

5.Considering the limited scope of the prayer sought for in this writ petition, without going into the merits of the case, this writ petition is disposed of with a direction to the first respondent to dispose of the petitioner's application, dated 23.08.2016, purely on merits and in accordance with law, after affording opportunity of hearing to the parties concerned, within a period of twelve weeks from the date of receipt of the order copy. No costs.

Sd/- Assistant Registrar(Crl Side) /True copy/ Sub Assistant Registrar To,

1. The Arbitrator/District Collector, Ramanathapuram National Highways-49, Sivagangai District,Sivagangai.

2. The Competent Authority-cum- Special District Revenue Officer, (Land Acquisition), Ramanathapuram National Highways-49, Sivagangai District, Sivagangai.

+1 cc to Special Government Pleader in SR.No.62832 er AE/SV/SAR3/14.07.2017/2P/4C W.P.(MD)No.8494 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 29.06.2017