P.S.Chandrasekara Raja v. The Arbitrator

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.23015 of 2016 P.S.Chandrasekara Raja : Petitioner Vs.

The Arbitrator (Land Acquisition), District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli.

: Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to expedite the petitioner's arbitration petition dated 26.08.2016 and dispose of the same within a time stipulated by this Court based on the petitioner's representation dated 17.10.2016.

For Petitioner : Mr.T.Selvan For Respondent : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to dispose of the petitioner's arbitration petition dated 26.08.2016 within a time frame to be stipulated by this Court, based on his representation, dated 17.10.2016.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who took notice for the respondent. By consent, the writ petition itself is taken up for final disposal.

3.The case of the petitioner is that the petitioner is the owner of the land in S.No.686/4, measuring 25 cents, situated at Karanthaneri Village, Nanguneri Taluk, Tirunelveli District. The said land is abutting the road side. For the purpose of formation of four way track road, a portion of the said land has been acquired by the Special Tahsildar, Vallioor and the Special https://hcservices.ecourts.gov.in/hcservices/

District Revenue Officer, Nagercoil, Land Acquisition (National Highways Scheme) on 27.10.2006 and the authorities fixed the value of the land at Rs.70,833/- per square metre. Aggrieved over the same, the petitioner has preferred an arbitration petition before the respondent on 26.08.2016 for enhancement of compensation at Rs.15,40,000/- including solatium and compensation for mental agony and the same is pending for two months without any progress. 3.1. Therefore, he has sent a representation to the respondent on 17.10.2016. As the same has not been considered, this writ petition has been filed.

4.The learned counsel for the petitioner seeks time bound disposal of the arbitration proceedings pending before the respondent.

5.Heard the learned Additional Government Pleader appearing for the respondent.

6. The petitioner is entitled to speedy justice. Hence, the respondent is directed to dispose of the Arbitration Petition preferred by the petitioner, dated 26.08.2016, on merits and in accordance with law, within a period of three months, from the date of receipt of a copy of this order.

7.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To The Arbitrator (Land Acquisition),District Collector, Tirunelveli District,Kokkirakulam,Tirunelveli. +1 cc to M/s.T.Selvan, Advocate in SR.No. 74893 +1 cc to The Special Government Pleader in SR.No. 79009 ORDER MADE IN W.P(MD)No.23015 of 2016 01.12.2016 SMN CSL/11.01.2017 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/