Madras High Court
Venkateswaran vs The Additional Chief Secretary To ... on 24 January, 2025
W.P.(MD)No.16541 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.(MD)No.16541 of 2022
Venkateswaran ... Petitioner
Vs.
1. The Additional Chief Secretary to Government,
Public Works PP2 Department,
Fort St. George, Chennai-9.
2. The Arbitrator/District Collector,
Madurai District, Madurai.
3. The Project Director,
National Highways Authority of India, NHAI,
No.3, Suriya Towers 2nd Floor,
East 1st Street, K.K.Nagar, Madurai-20.
4. The Authorised Officer/
The Special District Revenue Officer (Land Acquisition),
National Highways No.785,
Madurai.
5. The Special Tahsildar (Land Acquisition),
National Highways No.785,
Madurai North, Madurai. ... Respondents
PRAYER :- Writ Petition filed under Article 226 of Constitution of India,
praying this Court to issue of Writ of Certiorarified Mandamus to call for
the records relating to the impugned order passed by the second
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W.P.(MD)No.16541 of 2022
respondent in A.P.No.12/MNT/Thiruppalai/2021/B3 dated 20.05.2022
and consequently direct the second respondent to enhance the
compensation awarded by the fourth respondent based on the valuation
report submitted by the petitioner dated 04.05.2019 within the time fixed
by this Court.
For Petitioner : Mr.S.Sathesh Kumar
For R1, R2,R4 &R5 : Mr.M.Muthumanikkam
Government Advocate
For R3 : Mr.P.Karthick
SCGSC
ORDER
This writ petition is filed for issuance of Writ of Certiorarified
Mandamus to call for the records relating to the impugned order passed
by the second respondent in A.P.No.12/MNT/Thiruppalai/2021/B3 dated
20.05.2022 and consequently direct the second respondent to enhance the
compensation awarded by the fourth respondent based on the valuation
report submitted by the petitioner dated 04.05.2019 within the time fixed
by this Court.
2. It is seen that as against the order impugned in this writ petition,
there is an alternative remedy under Section 34 of the Arbitration Act.
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The petitioner, without exhausting the alternative remedy, approached
this Court.
3. It is pertinent to note here that in a similar situation, one Sujatha
filed WP(MD)No.16918 of 2022 and this Court dismissed the said Writ
Petition by order dated 29.07.2022. Against which, WA(MD)No.987 of
2022 was filed. The Hon'ble Division Bench, while giving liberty to the
appellant to withdraw the Writ Appeal, held thus:
''Learned counsel also seeks indulgence of this Court to
exclude the time, this is taken in pursuing the Writ Petition
as well as Writ Appeal. Recording the same, the Writ Appeal
is dismissed as withdrawn with liberty to the appellant to
pursue her remedy by invoking the provisions of Arbitration
and Conciliation Ac,t 1996, Limitation prescribed to set
aside the order impugned in the Writ Petition will be
considered after excluding the time taken by the petitioner
by pursuing the Writ Petition as well as Writ Appeal''
4. Following the aforesaid judgment of the Hon'ble Division
Bench, this writ petition is dismissed with liberty to the petitioner to
pursue his remedy by invoking the provisions of the Arbitration and
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Conciliation Act. It is made clear that the time spent in prosecuting the
writ petition shall be excluded while considering the petitioner's petition
under the Arbitration and Conciliation Act. No costs.
24.01.2025
Index : Yes / No
NCC : Yes / No
CM
TO:
1. The Additional Chief Secretary to Government,
Public Works PP2 Department,
Fort St. George, Chennai-9.
2. The Arbitrator/District Collector,
Madurai District, Madurai.
3. The Project Director,
National Highways Authority of India, NHAI,
No.3, Suriya Towers 2nd Floor,
East 1st Street, K.K.Nagar, Madurai-20.
4. The Authorised Officer/
The Special District Revenue Officer (Land Acquisition),
National Highways No.785,
Madurai.
5. The Special Tahsildar (Land Acquisition),
National Highways No.785,
Madurai North, Madurai.
https://www.mhc.tn.gov.in/judis
N.MALA, J.
CM
Order made in
Dated:
24.01.2025
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