Citation : 2022 Latest Caselaw 1652 Ker
Judgement Date : 15 February, 2022
WP(C) No.5070/2022 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Tuesday, the 15th day of February 2022 / 26th Magha, 1943
WP(C) NO. 5070 OF 2022(G)
PETITIONER:
THE PUBLIC COMPANY, THORAVU VILLAGE, PUDUKKAD, MUKUNDAPURAM TALUK -
680 301 REPRESENTED BY ITS MANAGING PARTNER, SHRI.PAUL, AGED 69
YEARS, S/O.PUVATHUKARAN KUNJUVAREETH, RESIDING AT CHENGALOOR
VILLAGE, CHENGALOOR DESOM, MUKUNDAPURAM TALUK - 680 312.
RESPONDENTS:
1. THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR - 680
003.
2. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NO.310-
A, CHANDRANAGAR EXTENSION, CHANDRANAGAR P.O., PALAKKAD - 678 007.
3. THE REGIONAL OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, TC
86/1036-1, AMBILY ARCADE, S.N.N.R.A.-9, PETTAH P.O.,
THIRUVANANTHAPURAM - 695 024.
4. C.D.SHAJU S/O.DEVASSY, CHUNDAKKATIL HOUSE, PUDUKKAD, THRISSUR - 680
312.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to and in implementation
of Exhibit P6, pending disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.DEEPU LAL MOHAN Advocate for the petitioners the court passed the
following:
ORDER
Petitioner will take out notice before admission to R4 by Special Messenger. The learned Standing Counsel for respondents 2 and 3 and the learned Senior Government Pleader for the first respondent will obtain instructions in this matter.
Taking note of the petitioner's specific contention that Exhibit P6 has been issued without affording him a prior opportunity of being heard inspite of the directions in Exhibit P7 judgment, I direct respondents 1 to 3 to defer all further action pursuant to Exhibit P6 until the next posting date.
The petitioner will also maintain complete status quo with respect to the property in question until further orders.
Post on 22-02-2022.
Sd/- DEVAN RAMACHANDRAN JUDGE
15-02-2022 /True Copy/ Assistant Registrar
WP(C) No.5070/2022 2/2
APPENDIX OF WP(C) 5070/2022
Exhibit P6 THE PHOTOCOPY OF LETTER NO.NHAI/PIU-
PALAKKAD/NH-544/LEGAL/WPC 26637/2021/129 DATED 08/02/2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
Exhibit P7 THE PHOTOCOPY OF JUDGMENT DATED 26/11/2021 OF THIS HON'BLE COURT IN WP(C) NO.26637/2021.
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