Madras High Court
K.Ayyavu vs The District Collector And Sole ... on 20 December, 2018
Bench: T.S.Sivagnanam, N.Sathish Kumar
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2018
CORAM :
THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
W.A.No.2441 of 2018
1.K.Ayyavu
2.Rani
3.Ramaswamy
4.Ponmalai
5.Venkatachalam
6.Rasappan
7.Palanivel
8.Venkatachalam
9.Elangovan
10.Subramanian
11.Kalimuthu
12.Sengodagounder
13.Nallaiyagounder
14.Jayaraman
15.Sri Ranganathan
16.Periyasamy
17.Perumayee
18.Ponnupaiyan @ Sengoda Gounder
19.Ravichandran
20.Sekar
21.Kumar
22.Manimuthu
23.K.Raju
24.A.Sengottaiyan
25.S.Thenmozhi
26.S.Ramamoorthy
27.R.Selvam
http://www.judis.nic.in
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28.Selvam
Uthu Kadu Kongu Vellala Gounder &
Kongu Nattu Gounder Trust,
29.S.Santhi
30.Saravanan
31.Chitra
32.T.Chandira
33.Chandira
34.Kavitha
35.Janaki
36.President, Society Congregation,
Sister's St.Joseph Cluny,
Fatima Convent, Line Medu,
Gugai, Salem - 636 006.
37.Thangarajan
38.D.Venkatesan
39.Jayamani Kamaraj
40.K.Raju
41.Valarmathi
42.Sri Muruganandha Sathu Sabai Madalayam,
Sri Dakshinamoorthy Thirukoil,
Iraipani Mandra Committee,
Sri Dakshinamoorthy Temple,
Seelanaickenpatty Post, Salem - 636 201.
43.K.Raju (HUF) .. Appellants/Petitioners
vs.
1.The District Collector and Sole Arbitrator,
Salem Collectorate,
Salem - 636 001.
2.Special DRO (Land Acquisition) OFfice,
National Highways No.68,
Ram Nagar, Swanapuri II Gate,
Salem - 636 004.
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3.Special District Revenue Office (LA),
NH.7, 46 & 47,
Salem - Krishnangiri Districts,
Krishnagiri. .. Respondents/Respondents
Writ Appeal filed under Clause 15 of the Amended Letters Patent of
1865 against the order dated 28.08.2018 made in W.P.No.22263 of 2018.
For Appellants : Mr.P.B.Sampath Kumar
For Respondents : Mr.C.Thirumaran
Special Government Pleader
JUDGMENT
(Judgment of this Court made by T.S.Sivagnanam,J.) This appeal filed by the writ petitioners is directed against the order passed in W.P.No.22263 of 2018 dated 28.08.2018.
2.Heard Mr.P.B.Sampath Kumar, learned counsel for the appellants and Mr.C.Thirumaran, learned Special Government Pleader for the respondents.
3.The appellants sought for an independent arbitrator to be appointed to adjudicate the claim for compensation and in respect of the acquisition made under the National Highways Act. The learned Single Bench rightly dismissed the writ petition and also took note of the fact that the appellants have approached the District Collector, who is the statutory arbitrator http://www.judis.nic.in 4 appointed under the National Highways Act.
4.Mr.P.B.Sampath Kumar, learned counsel for the appellants vehemently contended that taking into consideration the facts and circumstances of the case, an independent arbitrator may be appointed. Reliance was placed on the decision of the Hon'ble The Chief Justice in the case of M/s.Unique Builders rep. by its Managing Partner, Mr.P.Nallasamy vs. The Union of India, rep. by the General Manager, Southern Railway, Park Town, Chennai and others reported in (2016) 4 LW 705.
5.Firstly we may note that the said decision was rendered in an application filed under Section 11 of the Arbitration and Conciliation Act, 1996. The provision of Sections 14 and 15 of the said Act were also taken into consideration. On the facts and circumstances of the case, the Court found that a tragedy had occurred in an arbitration proceedings on account of inordinate and inexplicable delay coupled with even transfer of one of the officers constituting the Tribunal, can terminate the mandate of the Tribunal and the Court appointed a fresh Arbitrator in the place of the Departmental Arbitrator.
6.In our considered view, the said decision can render no support to the http://www.judis.nic.in 5 case of the appellants. Thus for the above reasons, we are of the view that the appellants have not made out any case to interfere with the order passed by the learned Single Bench. Accordingly, the writ appeal fails and hence, dismissed. The appellants are directed to cooperate with the arbitral proceedings before the District Collector and subject to the full cooperation being extended by the appellants or their authorized representative, the District Collector shall conclude the proceedings not later than ninety days from the date of receipt of a copy of this judgment. No costs.
(T.S.S.,J.) (N.S.K.,J)
20.12.2018
cse
Index:Yes/No
Internet:Yes/No
Speaking Order/Non-speaking Order
To
1.The District Collector and Sole Arbitrator, Salem Collectorate, Salem - 636 001.
2.Special DRO (Land Acquisition) OFfice, National Highways No.68, Ram Nagar, Swanapuri II Gate, Salem - 636 004.
3.Special District Revenue Office (LA), NH.7, 46 & 47, Salem - Krishnangiri Districts, Krishnagiri.
http://www.judis.nic.in 6 T.S.SIVAGNANAM,J.
and N.SATHISH KUMAR,J.
cse W.A.No.2441 of 2018 20.12.2018 http://www.judis.nic.in