Kerala High Court
Project Director vs A.Bovas on 15 July, 2021
WA No.893/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
th
Thursday, the 15 day of July 2021 / 24th Ashadha, 1943
W.A.NO. 893 OF 2021
AGAINST JUDGMENT DATED 12.10.2020 IN W.P.(C)No.19135/2020 OF THIS COURT
APPELLANT/RESPONDENT NO.3:
PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT-PALAKKAD, NO.310-A, CHANDRANAGAR EXTENSION,
CHANDRANAGAR P.O., PALAKKAD-678007.
M/s.SANTHOSH MATHEW, MAULIK NANAVATI,MANVI DAMLE, ARUN THOMAS, JENNIS
STEPHEN, ANIL SEBASTIAN PULICKEL
RESPONDENTS/PETITIONER AND RESPONDENT NOS.1 AND 2:
1. A.BOVAS, AGED 48 YEARS, S/O. ABRAHAM, THACHATT HOUSE, NEAR MARTHOMAS
ASHRAMAM, MULAYAM, PO AYYAPPANKAVU, THRISSUR-680751.
2. THE ARBITRATOR (N.H.) & DISTRICT COLLECTOR, THRISSUR,PIN-680001.
3. THE DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION OFFICER & COMPETENT
AUTHORITY OF LAND ACQUISITION (SLAO AND CALA), NATIONAL HIGHWAY
DEVELOPMENT PROJECT (NHDP), THRISSUR,PIN-680020.
BY GOVERNMENT PLEADER for R2 & 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 12.10.2020 in
W.P.(C)No.19135 of 2020, pending disposal of the Writ Appeal. (2)Stay any
proceeding that may have been commenced by the Competent Authority (Land
Acquisition, National Highways) - 3rd respondent herein - pursuant to
written representation Ext.P4 of the 1st respondent, pending disposal of
the Writ Appeal.
This Writ Appeal coming on for admission on 15.07.2021 along with
connected case upon perusing the appeal memorandum the court passed the
following:
WA No.893/2021 2/4
Exhibit P4 :- True copy of the petition 08.06.2020 filed before the
2nd respondent.
[P.T.O.]
WA No.893/2021 3/4
C.T.RAVIKUMAR &
MURALI PURUSHOTHAMAN, JJ.
=========================================
W.A Nos.892 & 893 of 2021
=========================================================
Dated this the 15th day of July, 2021
ORDER
Ravikumar, J.
The captioned appeals are directed, respectively against the
judgment dated 17.09.2020 in W.P.(C) No.19191 of 2020 and judgment
dated 12.10.2020 in W.P.(C) No.19135 of 2020. The learned counsel
appearing for the appellant submitted that the issues involved are
identical to the issues involved in W.A No.804 of 2021 arising from the
judgment dated 17.09.2020 in W.P.(C) No.19278 of 2020. He would
further submit that the said appeal was admitted on 30.06.2021 and
an interim order was also passed thereon staying the operation of the
impugned judgment dated 17.09.2020 in W.P.(C) No.19278 of 2020. A
copy of the order passed in W.A No.805 of 2020 dated 30.06.2021, is
made for our perusal. Having perused the order dated 30.06.2021 in
W.A No.804 of 2021 and taking note of the fact that the issues involved
in the captioned appeals are similar to the issues involved in W.A
No.804 of 2021, we are inclined to admit these appeals and pass
interim order on the same lines as has been done in W.A No.804 of
2021.
WA No.893/2021 4/4
W.A Nos.892 & 893 of 2021
Resultantly, the captioned appeals stand admitted. There will
be an interim order staying the operation of the impugned judgments
viz., judgment dated 17.09.2020 in W.P.(C) No.19191 of 2020 and
judgment dated 12.10.2020 in W.P.(C) No.19135 of 2020. The direction
to the competent authorities to consider and pass orders on the
representations will also stand stayed.
The learned Government Pleader takes notice for respondents 2
and 3 in the appeals.
Issue urgent notice by speed post to the respective 1 st
respondent in the appeals.
sd/-
C.T.RAVIKUMAR
Judge
sd/-
MURALI PURUSHOTHAMAN
Judge
das
15-07-2021 /True Copy/ Assistant Registrar
