Madras High CourtWP(MD)/19491/2020disposed of

Shanmugaraja. M v. The District Collector

2021-01-04Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.19491 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19491 of 2020 M.Shanmugaraja ... Petitioner Vs.

1.The District Collector, Madurai District Collectorate, Madurai - 625 020.

2.The Special District Revenue Officer (LA - NH), NH-744A, National Highways of India, Baskar Complex, Ramamoorthy Road, Chinna Chokkikulam, Madurai - 625 009.

3.The Project Officer, NH-744A, National Highways Authority of India, 307, Melur Main Road, Madurai - 625 020.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to pass orders on the petitioner's appeal dated 16.07.2020 for enhancement of compensation for the property owned by the petitioner in Survey No.92/4A1B of Thamaraipatti 2nd Bit Village, Madurai East Taluk, Madurai District within the time stipulated by this Court. For Petitioner : Mr.R.Aravindan For Respondents : Mr.K.P.Krishnadoss, Special Government Pleader for R1 Mr.C.Arul Vadivel @ Sekar for R2 & R3

O R D E R

Heard the learned counsel on either side.

2.The petitioner's land was acquired under the provisions of the National Highways Act. The petitioner was also awarded with some compensation. The petitioner not satisfied with the same, has raised an arbitral dispute before the first respondent. The petitioner's grievance is that the said dispute is not being decided by the first respondent. It is pointed out that the Arbitration and Conciliation Act, 1996, prescribes one year time limit for conclusion of the proceedings by the Arbitral Tribunal, after the completion of the pleadings. I therefore direct the first respondent to conclude the proceedings on merits and in accordance with law https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19491 of 2020 within a period of four months from the date of receipt of a copy of this order.

3.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Madurai District Collectorate, Madurai - 625 020.

+1 CC to M/s.GP ( SR-77[F] dated 05/01/2021 ) W.P.(MD)No.19491 of 2020 04.01.2021 (PU)CO AP(19/01/2021) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2