Chandramohanan.K.C vs Union Of India
2022 Latest Caselaw 215 Ker

WP(C) No.30169/2021                      1/2

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
            Tuesday, the 11th day of January 2022 / 21st Pousha, 1943
                            WP(C) NO. 30169 OF 2021(U)
   PETITIONERS:

      1. CHANDRAMOHANAN.K.C, AGED 59 YEARS, S/O.CHELLAPPAN PILLAI K.,
         INDEEVARAM, ERUVA, KAREELAKULANGARA P.O., ALAPPUZHA DISTRICT-690572.
      2. BABY RAMACHANDRAN, AGED 66 YEARS, W/O. LATE N.K.RAMACHANDRAN, DEEPA
         NIVAS, MADHAVA JUNCTION, HARIPAD P.O., ALAPPUZHA DISTRICT-690514.
      3. M.ABOOBACKER, AGED 68 YEARS, S/O. MUHAMMED KUNJU, VELLALIL,
         KEERIKKAD P.O., KAYAMKULAM, ALAPPUZHA DISTRICT-690502.
      4. SMT.MINI R., AGED 46 YEARS, D/O. CHANDRASEKHARAN NAIR,
         MOODAMPADIYIL, KAREELAKULANGARA P.O. -690572.

   RESPONDENTS:

      1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT
         AND HIGHWAYS, NEW DELHI-110001.
      2. STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM-695001.
      3. NATIONAL HIGHWAY AUTHORITY OF INDIA, G-586, SECTOR-10, DWARAKA, NEW
         DELHI-110075, REPRESENTED BY ITS CHAIRMAN.
      4. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA,
         TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O.,
         THIRUVANANTHAPURAM-695008.
      5. SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION,
         NATIONAL HIGHWAY AUTHORITY OF INDIA, ALAPPUZHA-688001.


        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 direct the Respondents not to take over the possession of the
   properties covered under Exhibit P1 to P5 under Section 3E of the National
   Highways Act, 1956, till the disposal of this writ petition.

        This petition again coming on for admission upon perusing the
   petition and the affidavit filed in support of WP(C) and this court's
   order dated 03/01/2022 and upon hearing the arguments of M/S.P.A.MOHAMMED
   SHAH, ABDUL RASAK A., ASWIN KUMAR M J, RENOY VINCENT, HELEN P.A., ARUN ROY
   & SHAHIR SHOWKATH ALI, Advocates for the petitioners and of M/S
   E.C.KURIAKOSE & LEJO JOSEPH GEORGE,Advocates for R4, the court passed the
   following:
 WP(C) No.30169/2021                             2/2




                                           ORDER

The learned Senior Government Pleader seeks further time.

The CALA is directed not to issue any Award until the next posting date.

List on 20.01.2022.

I also leave liberty to the CALA to decide whether the orders impugned can be withdrawn and fresh order issued as per the directions in the judgment.

Hand over

11.01.2022.

Sd/- DEVAN RAMACHANDRAN, JUDGE

11-01-2022 /True Copy/ Assistant Registrar