Kerala High Court
Ar Fort Restaurant vs Special Deputy ... on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 20925 OF 2022
PETITIONERS:
1 AR FORT RESTAURANT,
REP. BY THE MANAGING PARTNER AR SAJEER,
SAKTHIKULANGARA NORTH, KAVANAD P.O, KOLLAM- 691 003.
2 A.R. SAJEER,
AGED 47 YEARS
S/O. ABDUL RAHIM, MANAGING PARTNER, A.R. FORT
RESTAURANT, SAKTHIKULANGARA NORTH, KAVANAD P.O,
KOLLAM 691 003.
3 ROBIN FERNANDEZ,
AGED 58 YEARS
S/O. MICHAEL FERNANDEZ, PARTNER, A.R. FORT RESTAURANT,
SAKTHIKULANGARA NORTH, KAVANADU P.O, KOLLAM 691 003.
BY ADVS.
M.K.CHANDRA MOHANDAS
C.S.MANILAL
SHAKTHI PRAKASH
PRATHEEK VISWANATHAN
K.DHRUV KUMAR
HARIKRISHNAN M.S.
RESPONDENTS:
1 SPECIAL DEPUTY COLLECTOR(LA),NATIONAL HIGHWAYS AND
COMPETENT AUTHORTITY ,
CIVIL STATION, KOLLAM- 691 001.
2 SPECIAL TAHSILDAR (LA),
NHAI, UNIT NO. 2, VADAKKEVILA, KOLLAM 691 020.
3 THE EXECUTIVE ENGINEER,
PWD (ROADS), NATIONAL HIGHWAYS, KOLLAM 691 001.
4 USHA DEVI,
D/O. RADHA BHAI, RADHA BHAVAN, MEENATH CHERRY,
SAKTHIKULANGARA VILLAGE, KAVANADU P.O, KOLLAM 691 003.
WP(C) NO. 20925 OF 2022
2
5 THE CIRCLE INSPECTOR OF POLICE,
SHAKTHIKULANGARA POLICE STATION, KAVANAD,
KOLLAM -691 003.
6 ADDL. R6. THE PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THIRUVANANTHAPURAM
IS SUOMOTU IMPLEADED AS ADDITIONAL R6 AS PER ORDER
DATED 28.06.2022 IN WPC 20925/2022.
BY ADVS.
BINDU R
K.P.SATHEESAN (SR.)
ABIJITH M.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
G.RAJAGOPAL (KUMMANAM)(K/3520/1999)
SMT.DEEPA.V, GP
SRI.B.G.BIDAN CHANDRAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20925 OF 2022
3
T.R. RAVI, J.
--------------------------------------------
W.P. (C) No.20925 of 2022
--------------------------------------------
Dated this the 17th day of January, 2023
JUDGMENT
See order dated 16.01.2023. Ext.R4(a) is an agreement which
has been entered into between the petitioners and the 4 th
respondent, whereby the parties have agreed to settle the disputes
between them and the 4th respondent has agreed to pay the
amounts due to the petitioners towards the compensation that was
received on acquisition of the property.
In view of the agreement entered into between the parties, no
further orders are required in this writ petition. The writ petition is
closed. The disposal of this writ petition is without prejudice to the
rights of the petitioners and the 4 th respondent to approach the
Arbitrator for enhancement of the amounts that have been
awarded. As already directed on 16.01.2023, the steps for
recovering the amounts from the 4th respondent initiated on
directions of this Court shall stand withdrawn.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 20925 OF 2022
APPENDIX OF WP(C) 20925/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PARTNERSHIP DEED DATED
11.10.2018.
Exhibit P2 TRUE COPY OF THE LEASE AGREEMENT DATED
02.03.2018.
Exhibit P3 TRUE COPY OF THE LEASE AGREEMENT DATED
09.04.2019.
Exhibit P4 TRUE COPY OF THE WRITTEN OBJECTIONS DATED
02.08.2019.
Exhibit P5 TRUE COPY OF THE DETAILED WRITTEN CLAIM
STATEMENT DATED 07.09.2020.
Exhibit P6 TRUE COPY OF THE STATEMENT DATED
11.09.2020 SUBMITTED BY THE 4TH
RESPONDENT.
Exhibit P7 TRUE COPY OF THE PROCEEDINGS OF THE 1ST
RESPONDENT DATED 16.03.2022.
Exhibit P8 TRUE COPY OF THE PROCEEDINGS OF THE 1ST
RESPONDENT DATED 26.04.2022.
Exhibit P9 TRUE COPY OF THE APPLICATION DATED
21.06.2022 PREFERRED BEFORE THE 1ST
RESPONDENT.
RESPONDENTS' EXHIBITS
Exhibit R4(a) TRUE COPY OF THE AGREEMENT DATED
14-01-2023.
