1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.3922 of 2011 B.Immanuel ... Petitioner Vs. 1.The District Collector, Virudhunagar District, Virudhunagar. 2.Project Director, National Highways, 7 & 45B, SBI Colony, 1st Cross Extension, Bye Pass Road, Madurai. 3.Special District Revenue Officer (LA, National Highways 7 & 45B, Virudhunagar. 4.Special Tahsildar (LA, National Highways 7 &45B, Kariyapatti, Virudhunagar. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pay the enhanced amount to the petitioner for the land and building and other appurtenances acquired S.Nos.14/14 14/13B 57/3B 59/1 in Thonugal Village Survey No.47/3A 47/3B and 47/3C in Vakkanankundu Village and Survey No.140/9B in Kattukuthagai Karisalkulam Village through his representation of appeal, dated 05.08.2010. For Petitioners : Mr.F.Deepak For Respondents 1,3&4 : Mr.K.Balasubramanian, Additional Government Pleader. For 2nd Respondent : Mr.K.K.Senthilvelan ASGI O R D E R Mr.K.Balasubramanian, learned Additional Government Pleader takes notice on behalf of the respondents 1, 3 and 4. Mr.K.K.Senthilvelan, learned counsel takes notice on behalf of the second respondent. By consent, the writ petition itself is taken up for the final disposal at the admission stage. https://hcservices.ecourts.gov.in/hcservices/ 2 2.According to the petitioner, the lands of the petitioner have been acquired by the National Highways. He would contend that the award which has been granted under the Act is very low and therefore, he seeks enhancement of compensation under the Act. The procedure under the Act is, the award has to be placed before the District Collector who is termed as a Arbitrator. The grievance of the petitioner is that even though he has made a representation/arbitration dated 05.08.2010, seeking for enhancement of the award, till date it has neither been considered nor even notice has been issued. Hence, the present writ petition seeking for a direction to dispose of the representation/arbitration which is filed before the District Collector, Virudhunagar District, the first respondent herein, who is the competent authority. 3.Learned counsel for the second respondent would contend that the competent authority is only the District Collector to decide in respect of enhancement of compensation and the matter is pending before the first respondent. 4.Learned Additional Government Pleader submits that the matter is pending consideration before the first respondent. He would further submit that the application is in the form of representation and it should be in the form of arbitration. 5.Heard the submission made by the respective parties. 6.The grievance of the petitioner is that even though more lands have been acquired and only very meagre amount has been awarded as compensation and whereas lands in question would be more than worth of Rs.25,78,668/- and the property will be more than double the price. Therefore, he had made a representation to the Collector and the same may be treated as arbitration proceedings as contemplated under the Act. Since the representation has not been considered so long, he has come forward with the present writ petition. 7.Taking into consideration, the limited request of the petitioner and the fact that he is the owner of the land for whom the compensation amount is sought to be increased, the Collector who is the competent authority who has been appointed as arbitrator as per the Act, he is directed to consider the representation of the petitioner, dated 05.08.2010 after giving notice to all the parties concerned and pass orders on merits and in accordance with law within a period of within six months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 3 8.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Rgistrar(P&A) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar. 2.Project Director, National Highways, 7 & 45B, SBI Colony, 1st Cross Extension, Bye Pass Road, Madurai. 3.Special District Revenue Officer (LA, National Highways 7 & 45B, Virudhunagar. 4.Special Tahsildar (LA, National Highways 7 &45B, Kariyapatti, Virudhunagar. +One cC to The Special Government Pleader, SR.No.12541 sms rl/6c – 11.4.2011 Writ Petition (MD)No.3922 of 2011 01.04.2011 https://hcservices.ecourts.gov.in/hcservices/