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Madras High CourtWP(MD)/18514/2024disposed of

Balasubramanian (Died) v. The Arbitrator / The District Collector

2024-08-28Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA Balasubramanian (died) 1.Saraswathy 2.Venkatramani 3.Ramamoorthy 4.Vijayalakshmi ... Petitioners /vs./ 1.The Arbitrator/the District Collector, Trichirappalli, Trichirappalli District.

2.The Authorized Officer/The Special District Revenue Officer, Land Acquisition, National Highways 227, Collectorate Campus, Trichirappalli, Now Office at the Pudukkottai Collectorate Campus, Pudukkottai and District.

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3.The Project Director, National Highways 227, No.6, 1st Floor, VGP Nagar West, Vazhutharetti, Villuppuram 605 401.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records on the file 1st respondent pertaining to his order bearing Me.Mu.No.C4/32/2021 dated 24.02.2022 and quash the same and consequently directing the 1st respondent to arbitrate upon petitioner's claim petition, dated 21.05.2021 filed U/s.3-G(5), (6),

(7) of the National Highways Act r/w.The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for enhancement of compensation within a time frame that may be stipulated by this Court.

For Petitioners : Mr.SC.Herold Singh For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 : Mr.Su.Srinivasan

ORDER

It is represented by the learned counsel for the petitioners that the issue that is covered under this writ petition has already been decided by this Court in 2/5

W.P.(MD) No.16876 of 2024 on 05.08.2024, wherein this Court had passed the following order:- "5. In the result, this writ petition is allowed, the impugned order bearing Me.Mu.No.C4/65/2021, dated 15.11.2021 is set aside and the matter is remitted back to the first respondent for considering the case of the petitioners afresh in the manner known to law. The first respondent shall pass orders within a period of six weeks from the date of receipt of a copy of this order."

2. In the light of the above, this Writ Petition stands disposed of in terms of the order passed by this Court in W.P.(MD) No.16876 of 2024 (R.Suba and another Vs. The Arbitrator/the District Collector, Trichirappalli, and others) dated 05.08.2024. No costs.

Speaking : Yes / No 28.08.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The Arbitrator/the District Collector, Trichirappalli, Trichirappalli District.

2.The Authorized Officer/The Special District Revenue Officer, Land Acquisition, National Highways 227, Collectorate Campus, Trichirappalli, Now Office at the Pudukkottai Collectorate Campus, Pudukkottai and District.

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P.T.ASHA, J.

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