1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.3694 of 2011 and M.P.(MD)No.1 of 2011 Pillaiyarpatti Karpaga Vinayagar Koil Nagarathar Trust Through its Trustee Rm.Chidambaram Chettiar Pillaiyarpatti, Thirupattur Taluk, Sivagangai District. .. Petitioner Vs. 1.The District collector/Arbitrator, Collectors Office, Madurai. 2.The District Revenue Officer, Madurai. 3.Surface Transport & National Highways Authority Represented through its Project Director, New No.6, Old No.44, 1st Floor, III Main Road, Ponnagar Trichy – 1. .. Respondents Prayer:- Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider petitioner's appeal No.11 of 2007 and dispose of the same within the time limit. For Petitioner : Mr.T.Srinivasaraghavan For Respondent s : Mr.K.Balasubramanian (R1 & 2) Addl.Govt.Pleader For Respondent-3 : Mr.K.K.Senthilvelan, ASGI ORDER The present writ petition has been filed by the petitioner on the ground that their Trust land to an extent of 10.800 Sq.Ft., in Ulaganeri Village, Madurai North Taluk, Madurai, has been acquired for forming of Four-way road in pursuant to Section 3A1 Notification dated 20.01.2004. The Land Acquisition Officer had fixed the value at Rs.810/- per cent and according to the petitioner, it is very low. 2.An appeal was filed against that inadequate fixation under the Act, before the District Collector, as Arbitrator, in Appeal No.11 of 2007, which pending. Since no action has been taken in the appeal for a long time, the petitioner also made a representation by a letter dated https://hcservices.ecourts.gov.in/hcservices/ 2 01.12.2010. Therefore, the petitioner has come forward with a Mandamus for a direction to consider the appeal and dispose of the same in accordance with law. 3.Mr.K.Balasubramanian, the learned Additional Government Pleader took notice on behalf of the respondents 1 and 2 and Mr.K.K.Senthilvelan, learned Additional Solicitor General of India took notice on behalf of the 3rd respondent. 4.The learned Additional Government Pleader would contend that the appeal will be considered in the due course. 5. Taking into consideration the limited scope of the prayer made in the writ petition that the petitioner Trust is seeking only to consider and dispose of the appeal, admittedly, which is pending before the District Collector, as Arbitrator, as against the grant of an award in respect of the land acquired under the National Highways Act and that the appeal is pending for more than three years, the first respondent is directed to dispose of the appeal No.11 of 2007 filed by the Trust, as against the Award of compensation granted by the 3rd respondent, after giving notice of hearing and affording an opportunity to both the petitioner and the 3rd respondent, within a period of four months from the date of receipt of a copy of this order. 6.The Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1.The District collector/Arbitrator, Collectors Office, Madurai. 2.The District Revenue Officer, Madurai. 3.The Project Director, Surface Transport & National Highways Authority, New No.6, Old No.44, 1st Floor, III Main Road, Ponnagar Trichy – 1. +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.12126 +1CC TO MR.T.SRINIVASA RAGHAVAN, ADVOCATE SR.11869 MPK SR : 20.04.2011 : 2p/6c W.P.(MD).No.3694 of 2011 30.03.2011 https://hcservices.ecourts.gov.in/hcservices/