The Project Director vs Mathai Thomas
2021 Latest Caselaw 14287 Ker

WA No.845/2021                             1/4

                     BY 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. 845 OF 2021
        Against Judgment dated 25.8.2020 in WP(C) 17346/2020 of this Court
   APPELLANT/3RD RESPONDENT:

          THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI),
          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 1ST AND 2ND RESPONDENTS:

      1. MATHAI THOMAS, AGED 54 YEARS, MOLIKAKALLUKALAYIL, MANNUTHY,
         VETTICKAL, THRISSUR-680651.
      2. THE ARBITRATOR (N.H.) AND DISTRICT COLLECTOR, THRISSUR-680001.
      3. THE DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION OFFICER AND COMPETENT
         AUTHORITY OF LAND ACQUISITION (SLAO AND CALA), THRISSUR-680001.


             BY ADV. NANAVATI MAULIK G - R1.



        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 25.08.2020 in WP(C)
   No.17346 of 2020, pending disposal of the Writ Appeal;

        2) stay any proceeding that may have been commenced by the
   Arbitrator pursuant to written representation Ext.P4 of the original writ
   petitioner - 1st respondent herein, pending dispsoal of the Writ Appeal.




         This Writ Appeal coming on for orders on 08.07.2021, upon perusing
   the appeal memorandum, the court on the same day passed the following:-
 WA No.845/2021         2/4




                     EXT.P4: TRUE COPY OF THE PETITION DATED
                 19.5.2020, FILED BEFORE THE DISTRICT COLLECTOR
                                AND THE ARBITRATOR.
 WA No.845/2021                               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.845/2021 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