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2025 Supreme(Online)(Mad) 19577
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. BALAJI, J
Dr.Ignatius A.Herman – Appellant
Versus
The District Collector/The Sole Arbitrator, Tirunelveli District, Tirunelveli – Respondent
W.P.(MD)No.17654 of 2023
For the Appellants/Petitioners: Mr.G.Aravinthan
For the Respondents:Mr.C.Satheesh Government Advocate
The court grants the petitioner liberty to appeal as the initial petition has become infructuous.
Headnote:The court discusses the petition for a writ of mandamus under Article 226 of the Constitution, referring to the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013. The petitioner claims an appeal was not communicated following a final award. The court finds the prayer infructuous, advises recourse under Section 64 of the Act, and grants liberty to appeal to the District Court within a specified period. Ultimately, the writ petition is disposed of without costs.
| Table of Content |
|---|
| 1. petitioner's claim regarding the appeal process. (Para 1 , 2 , 3) |
| 2. court's ruling on the petition. (Para 4) |
| 3. final disposal of the writ petition. (Para 5) |
ORDER
The writ petition has been filed seeking the relief of writ of mandamus to direct the District Collector, Tirunelveli, namely, the first respondent in the writ petition, to decide the appeal dated 04.01.2023 pertaining to the final award dated 16.11.2022 published by the second respondent.
2. Today Mr.C.Satheesh, learned Government Advocate appearing for the respondents would produce the communication in Na.Ka.J3/29795/2019, dated 04.08.2023 on the file of the District Collector, Tirunelveli evidencing the fact that an appeal has been disposed of on the said date.
3. The learned counsel for the petitioner would submit that the petitioner has not been informed about the order, dated 04.08.2023 till date.
4. Consider that the prayer sought for in the writ petition has become infructuous, no direction in that regard can be issued, however, even as stated by the District Collector, Tirunelveli, it is open to the petitioner, if aggrieved by the final award of compensation, to take proceedings under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
5. Accordingly, the writ petition is disposed of. Liberty is granted to the petitioner to file an appeal before the Principal District Court, Tirunelveli, if aggrieved by the award of the District Collector, Tirunelveli dated, 04.08.2023, within a period of four weeks from the date of receipt of a copy of this order. No costs.
