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R Srinivasan vs The District Collector Villupuram District

Madras High Court|12 September, 2017
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JUDGMENT / ORDER

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.09.2017 CORAM THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.24482 of 2017 R.Srinivasan ... Petitioner v.
1 The District Collector Villupuram District, Villupuram.
2 The Competent Authority (L.A) HH-45, Dindivanam Bye Pass Villupuram Collectorate Villupuram District, Tamilnadu.
3 National Highways Authority of India Rep. by its Project Director In Charge of NH 45 Villupuram District Tamil Nadu, Tindivanam. .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the 1st respondent to number and hear the petitioner's arbitration application dated 11.08.2017 sent by registered post under Section 3G (5) of the National Highways Act 1956 as amended.
For Petitioner : Mr.M.David Tyagaraj For Respondent : Mr.R.Venkatesh, Government Advocate ORDER . Mr.R.Venkatesh, learned Government Advocate takes notice for the respondents By consent, the main writ petition itself is taken up for disposal at the admission stage itself.
2. The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the 1st respondent to number and hear his arbitration application dated 11.08.2017 sent by registered post under Section 3G (5) of the National Highways Act 1956
3. Mr.M.David Tyagaraj, learned counsel appearing for the petitioner submitted that the petitioner has filed the application dated 11.08.2017 under section 3(G)(5) of the National Highway Act claiming enhanced compensation. However, the 1st respondent has not yet numbered the arbitration application and taken up the same for hearing.
4. Mr.R.Venkatesh, learned Government Advocate appearing for the respondents submitted that the 1st respondent may be directed to number the application and hear the same and pass orders, in accordance with law.
5. Having regard to the submissions made by the learned counsel on either side, I direct the 1st respondent to number the arbitration application dated 11.08.2017 sent by the petitioner under Section 3G (5) of the National Highways Act, within one week from the date of receipt of a copy of this order and dispose of the same in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of three months from the date of numbering of the petition.
costs.
With these observations, the writ petition is disposed of. No 12.09.2017 Index : Yes/No Rj To
1 The District Collector Villupuram District, Villupuram.
2 The Competent Authority (L.A) HH-45, Dindivanam Bye Pass Villupuram Collectorate Villupuram District, Tamilnadu.
3 The Project Director National Highways Authority of India In Charge of NH 45 Villupuram District Tamil Nadu, Tindivanam.
M.DURAISWAMY, J Rj W.P.No.24482 of 2017 12.09.2017
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Title

R Srinivasan vs The District Collector Villupuram District

Court

Madras High Court

JudgmentDate
12 September, 2017
Judges
  • M Duraiswamy