Murugan v. The District Collector /

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Murugan .. Petitioner Vs.

1.The District Collector/Arbitator O/o.The District Collector, Sivagangai, 2.The Authorized Officer cum Special District Revenue Officer, Land Acquisition, O/o.Special District Revenue Officer, Land Acquisition, Ramanathapuram.

3.The Special Tahsildar, (Land Acquisition) National Highway-49, Unit I, O/o.The Special Tahsildar (L.A), Highway-49, Unit I, Manamadurai, 4.The Project Director, 1/4_________

National Highways Authority of India, Project Office, No.1, II Floor, Subramaniapuram 3rd Street, Karaikudi, .. Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.C1/16215/2016, dated 23.08.2017 and quash the same as illegal.

For Petitioner :

No appearance For Respondents :

Mr.B.Saravanan, Addl. Govt. Pleader

ORDER

This writ petition is filed challenging the impugned order dated 23.08.2017 passed by the first respondent in his proceedings in Na.Ka.C1/16215/2016, and quash the same as illegal. 2.Heard Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.

2/4_________

3.When the matter came up for hearing today, there is no representation for the petitioner.

4.The issue relates to challenge the award passed under Section 3G(5) of the National Highways Act, 1956, against which a writ is not maintainable. Since it is a proceedings that has been taken under statutory arbitration and the remedy is only under the Arbitration Act by way of filing a petition under Section 34 of Indian Arbitration and Conciliation Act, 1996, before the jurisdictional Court. 5.In the light of the above, this writ petition is dismissed. No costs. 19.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns 3/4_________

P.T.ASHA, J.

Ns To 1.The District Collector/Arbitator O/o.The District Collector, Sivagangai, 2.The Authorized Officer cum Special District Revenue Officer, Land Acquisition, O/o.Special District Revenue Officer, Land Acquisition, Ramanathapuram.

3.The Special Tahsildar, (Land Acquisition) National Highway-49, Unit I, O/o.The Special Tahsildar (L.A), Highway-49, Unit I, Manamadurai, 4.The Project Director, National Highways Authority of India, Project Office, No.1, II Floor, Subramaniapuram 3rd Street, Karaikudi, 19.08.2024 4/4_________