M/S. Punarnava Ayurveda Hospital ... vs State Of Kerala
2023 Latest Caselaw 4672 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                  WP(C) NO. 9997 OF 2023
PETITIONER:

         M/S. PUNARNAVA AYURVEDA HOSPITAL PVT. LTD
         EDAPPALLY NORTH VILLAGE,
         ERNAKULAM - 682 024
         REPRESENTED BY ITS MANAGING DIRECTOR,
         DR. SMT. JASEELA,
         AGED 51 YEARS,
         D/O. T. K. BUKHARI,
         RESIDING AT POOYYAPPILLY HOUSE,
         AMBEDKAR ROAD,
         EDAPPALLY NORTH VILLAGE,
         ERNAKULAM,
         PIN - 682024

         BY ADVS.M.K.SUMOD
                 VIDYA M.K.
                 THUSHARA.K
RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY THE SECRETARY,
         PUBLIC WORKS DEPARTMENT,
         GOVT SECRETARIAT,
         THIRUVANANTHAPURAM,
         PIN - 695024

    2    THE DISTRICT COLLECTOR,
         ERNAKULAM
         COLLECTORATE ERNAKULAM,
         CIVIL STATION,
         KUNNUMPURAM P.O,
         KAKKANAD,
         ERNAKULAM,
         PIN - 682030

    3    THE SPECIAL DEPUTY COLLECTOR
         (LAND ACQUISITION) NH 66 & COMPETENT AUTHORITY
         ERNAKULAM,
         NORTH PARAVOOR,
         ERNAKULAM,
         PIN - 686513
 W.P.(C.) No. 9997/2023              2




     4        UNION OF INDIA
              REPRESENTED BY SECRETARY,
              MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
              TRANSPORT BHAVAN, 1,
              PARLIAMENT STREET NEW DELHI,
              PIN - 110001


              R1 TO R3 BY SMT. DEEPA NARAYANAN, SENIOR
              GOVERNMENT PLEADER
              R4 BY SRI. S. MANU, DSGI


       THIS    WRIT      PETITION       (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   12.04.2023,         THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 9997/2023        3




                           JUDGMENT

The petitioner is aggrieved by the non-consideration

and disposal of Ext.P2 statutory arbitration application

pending before the District Collector, Ernakulam under

Section 3G(5) of the National Highways Act, 1956.The sole

relief sought for by the petitioner is consideration of the

same on an early basis.

2. Learned Senior Government Pleader on

instructions submitted that Ext.P2 will be considered within

a reasonable time.

Having heard learned counsel for the petitioner,

Sri.M.K.Sumod and learned Senior Government Pleader,

Smt. Deepa Narayanan, the writ petition is disposed of

directing the District Collector, Ernakulam - the second

respondent to take a decision on Ext.P2 application referred

to above, at the earliest, at any rate, within two months

from the date of receipt of a copy of this judgment, after

providing a notice of hearing to the petitioner and other

interested persons. Petitioner is directed to produce a copy

of the writ petition and the documents along with the

judgment before the District Collector for appropriate

action.

Sd/-

SHAJI P. CHALY JUDGE

DCS/12.04.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AWARD NO.

234/2021/EDPY-1699/2022 ISSUED BY THE 3RD RESPONDENT DATED: 11/04/2022

EXHIBIT P2 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 25/08/2022

EXHIBIT P3 COPY OF THE ACKNOWLEDGEMENT DATED 25/08/2022