Dismissed

Murugan v. the District Collector /

Madras HC19 Aug 2024WP(MD)/24117/2017

Case brief

AI extract

What is this about?

The petitioner challenged an impugned order dated 23.08.2017 passed under Section 3G(5) of the National Highways Act, 1956, seeking quashing as illegal. The court held that the matter constitutes statutory arbitration where the remedy lies under Section 34 of the Arbitration and Conciliation Act, 1996, rendering the writ petition not maintainable.

What did the court decide?

writ petition dismissed as not maintainable; no costs.

Murugan Vs the District Collector / — Specific Performance | Madras HC (2024)

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W.P.(MD) No.24117 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.08.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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W.P.(MD) No.24117 of 2017

Murugan

.. Petitioner

Vs.

1.The District Collector/Arbitator O/o.The District Collector, Sivagangai, Sivagangai District.

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2.The Authorized Officer cum Special District Revenue Officer, Land Acquisition, O/o.Special District Revenue Officer, Land Acquisition, Ramanathapuram.

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3.The Special Tahsildar, (Land Acquisition) National Highway-49, Unit I, O/o.The Special Tahsildar (L.A), Highway-49, Unit I, Manamadurai, Sivagangai District.

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4.The Project Director,

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1/4_________ Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.24117 of 2017

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National Highways Authority of India, Project Office, No.1, II Floor, Subramaniapuram 3^rd Street, Karaikudi, Sivagangai District. .. Respondents

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Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.C1/16215/2016, dated 23.08.2017 and quash the same as illegal.

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For Petitioner : No appearance For Respondents : Mr.B.Saravanan, Addl. Govt. Pleader

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ORDER

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This writ petition is filed challenging the impugned order dated 23.08.2017 passed by the first respondent in his proceedings in Na.Ka.C1/16215/2016, and quash the same as illegal.

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2.Heard Mr.B.Saravanan, learned Additional Government Pleader

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appearing for the respondents.

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https://www.mhc.tn.gov.in/judis

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2/4_________ Page 2 of 4

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W.P.(MD) No.24117 of 2017

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3.When the matter came up for hearing today, there is no representation for the petitioner.

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4.The issue relates to challenge the award passed under Section 3G(5) of the National Highways Act, 1956, against which a writ is not maintainable. Since it is a proceedings that has been taken under statutory arbitration and the remedy is only under the Arbitration Act by way of filing a petition under Section 34 of Indian Arbitration and Conciliation Act, 1996, before the jurisdictional Court.

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5.In the light of the above, this writ petition is dismissed. No costs.

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19.08.2024

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NCC : Yes/No Index : Yes/No Internet : Yes Ns

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3/4_________ Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.24117 of 2017

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P.T.ASHA, J. Ns

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1.The District Collector/Arbitator O/o.The District Collector, Sivagangai, Sivagangai District.

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2.The Authorized Officer cum Special District Revenue Officer, Land Acquisition, O/o.Special District Revenue Officer, Land Acquisition, Ramanathapuram.

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3.The Special Tahsildar, (Land Acquisition) National Highway-49, Unit I, O/o.The Special Tahsildar (L.A), Highway-49, Unit I, Manamadurai, Sivagangai District. 4.The Project Director, National Highways Authority of India, Project Office, No.1, II Floor, Subramaniapuram 3^rd Street, Karaikudi, Sivagangai District.

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W.P.(MD) No.24117 of 2017

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19.08.2024

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4/4_________ Page 4 of 4

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https://www.mhc.tn.gov.in/judis

Murugan v. the District Collector /

Case brief

What is this about?

What did the court decide?

Murugan v. the District Collector /

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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