Citation : 2022 Latest Caselaw 39 Ker
Judgement Date : 3 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Monday, the 3rd day of January 2022 / 13th Pousha, 1943
WA NO. 1742 OF 2021
AGAINST JUDGMENT DATED 15-09-2020 IN WP(C) 18688/2020 OF THIS COURT.
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APPELLANT/RESPONDENT NO.3:
PROJECT DIRECTOR,NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT-PALAKKAD NO.310-A,
CHANDRANAGAR EXTENSION,CHANDRANAGAR P.O.,PALAKKAD-679001.
BY ADVS.M/S.SANTHOSH MATHEW, MAULIK NANAVATI,ANIL SEBASTIAN PULICKEL ,
DIVYA SARA GEORGE,JAISY ELZA JOE & ABI BENNY AREECKAL.
RESPONDENTS/PETITIONER AND RESPONDENT NOS.1 AND 2:
1.V.M. RAVI,AGED 59 YEARS,S/O. MADHAVAN,VALIYAVEETI HOUSE,
THOTTAPADY,MANNUTHY P.O.,THRISSUR,PIN-680651.
2.THE DEPUTY COLLECTOR,SLAO AND CALA,NHDP,THRISSUR,PIN-620680.
3.THE DISTRICT COLLECTOR AND THE ARBITRATOR (LANH),THRISSUR,
COLLECTORATE,AYYANTHOLE,THRISSUR,PIN-680003.
BY ADV.SRI.K.S.BHARATHAN FOR R1.
SENIOR GOVERNMENT PLEADER SRI.K.P.HARISH 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 15-09-2020 in
W.P.(C) No.18688 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), pursuant to written
representation of the private respondent, pending disposal of the Writ
Appeal.
This Writ Appeal coming on for admission on 03/01/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O,
S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
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W.A.No.1742 of 2021
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Dated this the 3rd day of January, 2022
ORDER
S.MANIKUMAR, C.J.
Similar writ appeals have already been entertained by this court
and interim order has also been granted. In W.A.No.840 of 2021 and
connected writ appeals the following order has been granted on 8 th July
2021, which reads as under:
"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 respondent.
Post along with writ appeal nos. 804, 805 and 806 of 2021." W.A.No.1742 of 2021
2. Following the same, instant writ appeal is also admitted.
Sri.K.S.Bharathan, learned counsel takes notice for respondent
No.1. Sri.K.P.Harish, learned Senior Government Pleader takes notice
for respondents 2 and 3.
sd/-
S.MANIKUMAR CHIEF JUSTICE
sd/-
SHAJI P. CHALY JUDGE jes
03-01-2022 /True Copy/ Assistant Registrar
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