therefore, this Court is inclined to take suo motu contempt against the first respondent namely Dr.J.Vijaya Rani, I.A.S., The Arbitrator and District Collector, Chennai and the Registry is directed to issue statutory notice to the second respondent/Dr.J.Vijaya Rani, I.A.S., The Arbitrator and then District Collector, Chennai returnable in four weeks and directed to appear before this Court on 06.11.2023. Index : Yes/No 09.10.2023 Internet : Yes/No sms Note: Registry is directed to take necessary steps with regard to initiating suo motu contempt and list the suo motu contempt petition before this Court on 06.11.2023. To 1.The Arbitrator & District Collector Chennai. 2.The Special District Revenue Officer(LA) National Highways-4&5 @ Tiruvallur No.3&4, Lal Bagadhur Sasthri Street, Periyakuppam Railway Street, Near Thulasi Theatre, Thiruvallur – 602 001. 3.The Section Officer, Contempt Section, High Court, Madras. P.VELMURUGAN,J. sms W. P.Nos.28755, 28758, 28759 & 28761 of 2023 and W.M.P.Nos.28331, 28335, 28337 & 28341 of 2023 09.10.2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.10.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W. P.Nos.28755, 28758, 28759 & 28761 of 2023and
W.M.P.Nos.28331, 28335, 28337 & 28341 of 2023
The Project Director
National Highways Authority of India
Project Implementation Unit-Chennai
“Sri Towers”, 3rd Floor, DP-34(SP)
Industrial Estate, Guindy,
Chennai – 600 032. … Petitioner in all WPs
/vs/ 1.The Arbitrator & District Collector Chennai.
2.The Special District Revenue Officer(LA) National Highways-4&5 @ Tiruvallur
No.3&4, Lal Bagadhur Sasthri Street,
Periyakuppam Railway Street,
Near Thulasi Theatre,
Thiruvallur – 602 001. … Respondent Nos. 1 & 2
in all WPs
T.N.Indira … Respondent No.3
W.P.No.28755 of 2023
S.Jothi … Respondent No.3
W.P.No.28758 of 2023
V.Sambasivam … Respondent No.3
in W.P.No.28759 of 2023
P.Selvaraju … Respondent No.3
in W.P.No.28761 of 2023
COMMON PRAYER : The writ petitions have been filed under Article 226 of the Constitution of India for issuance of writ of certiorarified Mandamus to call for the records from the file of the 1st respondent made in Rc.No.J.17/14513-2/2018/Arbitration, Rc.No.J.17/145134/2018/Arbitration, Rc.No.J.17/25179/2018/Arbitration, Rc.No.J.17/14514-1/2018/Arbitration, dated 24.01.2022 and quash the same and further direct the 1st respondent to adjudicate the arbitration petition of the 3rd respondent dated 20.07.2018 subject to the outcome of the Hon’ble Supreme Court pending in SLP (Civil) Diary No.36319 of 2018.
For Petitioner … Mr.Su.Srinivasan in all W.Ps.
For Respondent … Mr.J.Ravindran
Nos.1 & 2 in all W.Ps. Addl.Advocate General
Assisted by Mr.P.Gurunathan
Addl.Govt.Pleader
COMMON ORDER
The writ petitions have been filed for issuance of a writ of
certiorarified Mandamus to call for the records from the file of the 1st respondent made in Rc.No.J.17/14513-2/2018/Arbitration,
Rc.No.J.17/14513-4/2018/Arbitration, Rc.No.J.17/25179/2018/Arbitration, Rc.No.J.17/14514-1/2018/Arbitration, dated 24.01.2022 and quash the same and further direct the 1st respondent to adjudicate the arbitration petition of the 3rd respondent dated 20.07.2018 subject to the outcome of the Hon’ble Supreme Court pending in SLP (Civil) Diary No.36319 of 2018.
2.The learned counsel appearing for the writ petitioner in all writ petitions submitted that against the order of the second respondent vide proceedings dated 28.03.2007, the third respondent in all writ petitions have filed Arbitration Petition u/s.3-G(5) of NH Act 1956 on 20.07.2018 after a period of more than eleven years, seeking for enhancement of compensation which is beyond the period of limitation of three years as per Article 137 of Limitation Act. On receipt of the Arbitration Petitions, the petitioner raised the preliminary objection and filed a counter affidavit stating that though the Division Bench of this Court allowed the writ petition in favour of the land owners, the said order had been stayed by the Hon’ble Supreme Court until further orders in SLP (Civil) Diary No.36319 of 2018 vide order dated 19.11.2018 and the said stay is still in force, however, the first respondent, without any enquiry and without providing any opportunity, passed the impugned order.
3.Heard the learned Additional Advocate General Assisted by the Additional Government Pleader appearing for the first and second respondents.
4.In view of the above, despite filing the counter and brought to the notice of the first respondent about the interim order granted by the Hon’ble Supreme Court in SLP (Civil) Diary No.36319 of 2018 vide order dated 19.11.2018 by the petitioner, the first respondent ignored the same and pass the order on merits, which is against the direction of the Hon’ble Supreme Court. Therefore, the order passed by the first respondent in
Rc.No.J.17/14513-2/2018/Arbitration, Rc.No.J.17/145134/2018/Arbitration, Rc.No.J.17/25179/2018/Arbitration,
Rc.No.J.17/14514-1/2018/Arbitration, dated 24.01.2022 are hereby quashed and the first respondent is directed not to proceed the matter until further orders from the Hon’ble Supreme Court. Accordingly, the writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed.
5.It is the violation of the Hon’ble Supreme Court Order, despite the writ petitioner brought all the facts and filed their counter and knowing fully well, the first respondent passed the order, therefore, this Court is inclined to take suo motu contempt against the first respondent namely Dr.J.Vijaya Rani, I.A.S., The Arbitrator and District Collector, Chennai and the Registry is directed to issue statutory notice to the second respondent/Dr.J.Vijaya Rani, I.A.S., The Arbitrator and then District Collector, Chennai returnable in four weeks and directed to appear before this Court on 06.11.2023.
Index : Yes/No 09.10.2023
Internet : Yes/No sms
Note: Registry is directed to take necessary steps with regard to initiating suo motu
contempt and list the suo motu contempt petition before this Court on 06.11.2023.
To
1.The Arbitrator & District Collector Chennai.
2.The Special District Revenue Officer(LA)
National Highways-4&5 @ Tiruvallur
No.3&4, Lal Bagadhur Sasthri Street,
Periyakuppam Railway Street, Near Thulasi Theatre, Thiruvallur – 602 001.
3.The Section Officer, Contempt Section, High Court, Madras.

P.VELMURUGAN,J. sms
W. P.Nos.28755, 28758, 28759
& 28761 of 2023 and
W.M.P.Nos.28331, 28335, 28337
& 28341 of 2023
09.10.2023