Kerala High Court
Project Director vs Hameed on 8 July, 2021
WA No.848/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 8th day of July 2021 / 17th Ashadha, 1943
WA NO. 848 OF 2021
Against judgment dated 23.09.2020 in WP(C) 19708/2020 of this Court.
APPELLANT/RESPONDENT NO.3:
PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDA, PROJECT
IMPLEMENTATION UNIT-PALAKKAD NO.310-A, CHANDRANAGAR EXTENSION,
CHANDRANAGAR PO, PALAKKAD-678007.
BY ADVS.M/S.SANTHOSH MATHEW, NANAVATI MAULIK.G, JENNIS STEPHEN, ANIL
SEBASTIAN PULICKEL
RESPONDENTS/PETITIONER AND RESPONDENT NOS.1 AND 2:
1. HAMEED, S/O. ALI MOHAMMED, VALIYAKATH HOUSE, N.H. 47, ARAMKALLU,
MANNUTHY ,PO THRISSUR.
2. DR. JOY MATHEW, PAZHUR HOUSE, MANNUTHY BY-PASS ROAD, MANNUTHY PO,
THRISSUR.
3. DR. JOHN THOMAS, KOCHUKALEEKAL HOUSE, MULLAKKARA, MANNUTHY PO,
THRISSUR.
4. THE ARBITRATOR (N.H.) & DISTRICT COLLECTOR, THRISSUR-680001.
5. DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION OFFICER & COMPETENT
AUTHORITY OF LAND ACQUISITION (SLAO AND CALA), NATIONAL HIGHWAY
DEVELOPMENT PROJECT, THRISSUR-680020.
BY ADV. SMT. ELIZABETH GEORGE - R1 TO R3.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum the High Court be pleased to 1)
stay the operation of the impugned judgment dated 23.09.2020 in WP(C)
No.19708 of 2020 (K), pending disposal of the Writ Appeal;
2) stay any proceeding that may have been commenced by the Competent
Authority (Land Acquisition, National Highways) - 5th respondent herein,
pursuant to written representation Ext.P4 to P4(b) of the private
respondents herein (original writ petitioners), pending disposal of the
Writ Appeal.
This Writ Appeal coming on for admission on 08.07.2021, upon
perusing the appeal memorandum, the court on the same day passed the
following:-
WA No.848/2021 2/4
EXT.P4: TRUE COPY OF PETITION FILED BY THE 1ST
PETITIONER BEFORE THE 2ND RESPONDENT ON
26.1.2020.
EXT.P4(A): TRUE COPY OF PETITION FILED BY THE 2ND
PETIITONER BEFORE THE 2ND RESPONDENT ON
3.1.2020.
EXT.P4(B): TRUE COPY OF PETITION FILED BY THE 3RD
PETITIONER BEFORE THE 2ND RESPONDENT ON
3.1.2020.
WA No.848/2021 3/4
S. MANIKUMAR, C. J., & SHAJI P. CHALY, J.
======================================
W. A. Nos. 840, 841, 845 & 848 of 2021
======================================
Dated this the 8th day of July, 2021
ORDER
S. Manikumar, C. J.
On this day, when the instant writ appeal came up for hearing,
attention of this Court was invited to writ appeal nos. 804, 805 and
806 of 2021 and the interim order dated 30.06.2021 passed therein.
2. Instant matters are similar both on law and facts. Therefore,
following the interim order dated 30.06.2021 in writ appeal nos. 804,
805 and 806 of 2021, there shall be a stay of the impugned judgment
directing representation be considered.
3. Ms. Elizabeth George takes notice for the private respondents
in W. A. 840, 841 & 848 of 2021.
4. Mr. Nanavati Maulik G., learned counsel for the appellant in
W. A. No. 845 of 2021 is permitted to take notice on private
WA No.848/2021 4/4
W. A. Nos. 840, 841, 845 & 848 of 2021
respondent.
Post along with writ appeal nos. 804, 805 and 806 of 2021.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
08-07-2021 /True Copy/ Assistant Registrar
