John Mathai vs Project Director, National ...
2022 Latest Caselaw 5152 Ker

WA No.561/2022                              1/2

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                    THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                          &
                       THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
                 Friday, the 6th day of May 2022 / 16th Vaisakha, 1944
                                   WA NO. 561 OF 2022

        AGAINST JUDGMENT DATED 11.02.2022 IN WP(C) 32314/2016 OF THIS COURT

                                         ---

   APPELLANT:

          JOHN MATHAI, AGED 63 YEARS, S/O.CHACKO MATHAI, HAVING HIS PERMANENT
          RESIDENCE AT PAITAYIL DHANYA, KAYAMKULAM VILLAGE, ALLAPPUZHA
          DISTRICT, KERALA STATE. PIN-690502.

    BY ADVS.M/S. MADHU RADHAKRISHNAN, NELSON JOSEPH,

    JOSEPH M.D. & DEEPAK ASHOK KUMAR


   RESPONDENTS/RESPONDENTS 1 & 2 & PETITIONER IN THE W.P.(C):


      1. PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, ROAD SECTOR,
         RAJAGIRI ROAD, THARAKKAN'S, KALAMASSERY, ERNAKULAM, PIN-683 104.
      2. KUMBALAM GRAMA PANCHAYATH, REPRSENTED BY ITS SECRETARY, KUMBALAM
         PANCHAYATH OFFICE, KUMBALAM, ERNAKULAM DISTRICT, PIN-682 506.
      3. ELIYAMMA MATHAI, AGED 90 YEARS, W/O.MATHAI, KOKKATTU KIZHAKKATHIL,
         ERUVA EAST, KAYAMKULAM, PIN - 690502.

    BY ADVS.I.SHEELA DEVI FOR R1 AND S.SHANAVAS KHAN FOR R2.

        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum, the High Court be pleased
   to stay further construction of the static weigh bridge in front of the
   property of the appellant as directed in the order passed by the Single
   Judge in I.A.No.19954/2016 interim order dated 5.12.2016 until the
   disposal of the appeal.

        This Writ Appeal coming on for orders on 06.05.2022 upon perusing
   the appeal memorandum, the court on the same day passed the following:




                                                                         P.T.O.
 WA No.561/2022                             2/2

                                      ORDER

Sri.S.Shanavas Khan for R2 and Smt.I.Sheela Devi for R1 seeks time to get instructions.

The appellant will take out notice to R3 by speed post returnable in ten days.

List on 26/5/2022, until which time, both sides will maintain status quo with respect to the construction in question.

06/05/2022 Sd/-DEVAN RAMACHANDRAN,JUDGE

Sd/-SOPHY THOMAS ,JUDGE

06-05-2022 /True Copy/ Assistant Registrar