Madras High CourtWP(MD)/17721/2020disposed of

E.Maruthai Chettiar v. The District Collector/Arbitrator

2020-12-08Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD)Nos.17721 and 17723 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)Nos.17721 and 17723 of 2020 E.Maruthai Chettiar

...Petitioner

in both cases -Vs1.The District Collector/Arbitrator, Madurai.

2.The Authorised Officer, District Revenue Officer(LAO), Madurai Natham Four Laning and Widening of NH785, National Highways Authority of India, Collector's Office, Madurai.

3.The National Highways Authority of India, Rep. by its Project Director, Madurai-Natham Four Laning and Widening of NH-785, No.307, Melur Main Road, K.K.Nagar, Madurai.

...Respondents

in both cases Common Prayer: Writ Petitions are filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose the petitioner's arbitration proceedings in Appeal No.18/MNT/Manjampatti/2019 and Appeal No.

19/MNT/Manjampatti/2019 filed under Section 3G(5) of the National Highways Act within a time frame fixed by this Court. In both cases:

For Petitioner : Mr.M.P.Senthil For Respondent No.1 : Mr.K.P.Krishnadoss, Special Government Pleader.

For Respondent No.2 : Mr.S.M.Srinivasan For Respondent No.3 : Mr.Arul Vadivel @ Sekar COMMON ORDER These Writ Petitions have been filed, seeking a direction to the first respondent to dispose the petitioner's arbitration proceedings in Appeal Nos.18/MNT/Manjampatti/2019 and Appeal No. 19/MNT/Manjampatti/2019 filed under Section 3G(5) of the National Highways Act within a time frame fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)Nos.17721 and 17723 of 2020

2. The case of the petitioner is that the petitioner's property measuring an extent of 14.814 cents in Survey No.191/7A and 41.53 cents in Survey No.208/7A, respectively, situated at Manjampatti Village, Madurai North Taluk, Madurai District was acquired by the Government of Tamil Nadu under the National Highways Act, 1956, for the purpose of laying four way lane. The petitioner objected the award of compensation, since it is a very meager amount. Therefore, the petitioner has filed an appeal under Section 3G(5) of the Act in the month of December, 2018 before the first respondent. Since no order has been passed, the petitioner has approached this Court seeking aforesaid prayer.

3. This Court without going into the merits of the case, directs the first respondent to consider the request of the petitioner and dispose of the appeals, in accordance with law, after affording opportunity to the petitioner as well as the interested parties, within a period of four months from the date of receipt of a copy of this order.

4.Accordingly, these Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The District Collector/Arbitrator, Madurai.

+2 CC to M/s.M.P.SENTHIL, Advocate ( SR-24764[F] , SR-24765[F]dated 09/12/2020 ) W.P.(MD)Nos.17721 and 17723 of 2020 08.12.2020 sr(CO) KK(16.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2