Gopi M.R v. The District Collector Cum Arbitrator

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.22610 of 2025 M.R.Gopi ..Petitioner Vs 1.The District Collector-cum Arbitrator, Collectors Office, Thanjavur.

2.The Special District Revenue Officer (Land Acquisition), O/o Special District Revenue Officer (Land Acquisition), National Highway - 67. Nagapattinam, Thanjavur Division, Thanjavur District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to conduct an enquiry on merits in the land acquisition case No.8/2012/I1 and to fix fair and reasonable compensation as per the order passed Principal District Judge, Tanjure in Ar.O.P.No.21/2023 dated 06.09.2024 by considering the petitioner's representation dated 07.05.2025. For Petitioner : Mr.M.Ponniah For Respondents : Mrs.K.Malathi Addl. Govt. Pleader 1/5

ORDER

The writ petition is filed seeking a direction to the first respondent to conduct an enquiry on merits in the land acquisition case No.8/2012/I1 and to fix fair compensation as per the order passed by the Principal District Judge, Tanjore in Arbitration O.P.No.21 of 2023 dated 06.09.2024 by considering the representation of the petitioner dated 07.05.2025.

2. Heard the arguments of Mr.M.Ponniah, learned counsel for the petitioner, and Mrs.K.Malathi, learned Additional Government Pleader, for the respondents. By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, his properties comprised in Survey Nos. 199/4 and 200/6A, situated at Saliyamangalam, Papanasam Taluk, Thanjavur District, were acquired for the purpose of extension of the National Highways. The compensation fixed by the competent authority was very low. Therefore, the petitioner filed an Arbitration Original Petition before the Principal District Court, Thanjavur in Arbitration O.P.No.21 of 2023. The said O.P. was allowed on 06.09.2024, and the matter was remanded back to the file of the first respondent with a direction to consider the request made by the petitioner and fix fair compensation in the light of Section 3(G) of the National Highways Act. Though the order in the Arbitration O.P. was passed as early as 06.09.2024, the first respondent has not commenced enquiry as per the said order. Therefore, the petitioner submitted a representation on 2/5

07.05.2025 before the first respondent seeking disposal of the proceedings pending on his file. However, the same has not been considered. Hence, the petitioner has approached this Court.

4. The learned Additional Public Prosecutor, who takes notice for respondents, would submit that the proceeding pending on the file of the first respondent for fixation of compensation will be completed within the time stipulated by this court.

5. In view of the above submission, without expressing any opinion on the merits of the matter, the first respondent is directed to take up the case remanded to its file by the Principal District Judge, Tanjore as per order passed in arbitration O.P.No.21 of 2023 dated 06.09.2024 and pass final orders on its own merits within a period of sixteen weeks from the date of receipt of a copy of this order, after affording reasonable opportunity to the parties concerned.

6. With the above direction, this writ petition stands disposed of. No costs.

20.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5

To 1.The District Collector-cum Arbitrator, Collectors Office, Thanjavur.

2.The Special District Revenue Officer (Land Acquisition), O/o Special District Revenue Officer (Land Acquisition), National Highway - 67. Nagapattinam, Thanjavur Division, Thanjavur District.

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S.SOUNTHAR, J.

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