Kerala High Court
John Mathai vs Project Director, National ... on 26 May, 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
Thursday, the 26th day of May 2022 / 5th Jyaishta, 1944
WA NO. 561 OF 2022
AGAINST JUDGMENT DATED 11.02.2022 IN WP(C) 32314/2016 OF THIS COURT
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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.
AND 2 OTHERS.
BY ADV.SMT.I.SHEELA DEVI FOR R1
ADV.SRI.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 IA No.19954/2016 interim order dated 5.12.2016 until the disposal
of the appeal.
This Writ Appeal again coming on for orders on 26/05/2022 upon
perusing the appeal memorandum and this court's order dated 06/05/2022,
the court on the same day passed the following:
P.T.O.
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
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W.A. No. 561 of 2022
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Dated this the 26TH day of May, 2022.
ORDER
S. MANIKUMAR,CJ.
Before the writ court the writ petitioner/3rd respondent has
sought for the following reliefs:
1. To issue a writ of mandamus or any other appropriate writ, order
or direction directing the 1 st respondent not to make any
construction in front of the petitioner's property.
2. To issue a writ of mandamus or any other appropriate writ, order
or direction directing the 2nd respondent not to give permission
for any construction before the petitioner's property.
2. After considering the rival submissions made, writ court, vide
judgment dated 11.02.2022 in W.P.(C) No. 32314 of 2016, dismissed
the writ petition.
3. Being aggrieved, instant appeal is filed by a third party.
4. Record of proceedings shows that, on 06.05.2022, when the
matter came up for admission, a Hon'ble Division Bench was pleased
to direct Mr. S. Shanavas Khan, learned counsel appearing for
respondent No.2 and Mrs. I. Sheela Devi, learned counsel appearing
for respondent No.1, to get instructions in the matter. Notice has also
been ordered to Eliyamma Mathai, Kokkattu Kizhakkathil, Eruva East,
Kayamkulam, respondent No.3, by speed post returnable in ten days,
and the matter was posted to 26.05.2022. The parties were also
directed to maintain status quo till then with respect to the
construction in question.
5. On this day, when the matter came up for hearing, Smt. I.
Sheela Devi, learned counsel for respondent No.1, submitted that the
construction is over and the only work remains to be completed is the
electrical work.
6. Mr. Madhu Radhakrishnan, learned counsel for the appellant,
has disputed the same. He relied upon the report submitted by the
learned Advocate Commissioner appointed by this Court during the
pendency of the writ petition.
7. Be that as it may, Mrs. I. Sheela Devi, learned counsel
appearing for the Project Director, National Highway Authority of India,
respondent No.1, is directed to submit a statement of facts with
respect to the current stage of construction along with the sketch
indicating the location of the property of the appellant, the service
road, National Highway, width and length of the service road and
access to the property owned by the appellant, and the distance from
the point, where access is available to the National Highway from the
property of the appellant.
Appellant to take steps to complete service of notice on
respondent No.3.
sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
26-05-2022 /True Copy/ Assistant Registrar
