Kerala High Court
National Highways Authority Of ... vs Shylakumar S on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
WA NO. 1922 OF 2022
AGAINST JUDGMENT DATED 25-02-2019 IN WP(C) 5580/2019 OF THIS COURT
APPELLANT/2ND RESPONDENT:
NATIONAL HIGHWAYS AUTHORITY OF INDIA, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, REPRESENTED BY THE PROJECT DIRECTOR, PROJECT
IMPLEMENTATION UNIT, TC 36/414(5), KOYIKKALVEEDU, KAVULANE,
PALKULANGARA 24, THIRUVANANTHAPURAM - 695024.
BY SENIOR ADVOCATE DR.K.P.SATHEESAN AND
ADVS.M/S. P.MOHANDAS (ERNAKULAM), K.SUDHINKUMAR,
SABU PULLAN, GOKUL D. SUDHAKARAN & R.BHASKARA KRISHNAN
RESPONDENTS/PETITIONERS & RESPONDENTS 1,3 & 4:
1. SHYLAKUMAR S., AGED 61 YEARS, GOKULAM, PLAMOOTTUKADA P.O.,
THIRUVANANTHAPURAM - 695128.
2. K. SASIDHARAN THAMPI, AGED 73 YEARS, SR BHAVAN, PARANOOR,
PLAMOOTTUKADA P.O., THIRUVANANTHAPURAM - 695128.
3. UNION OF INDIA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT OF
INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, 1,
PARLIAMENT STREET, NEW DELHI - 110001.
4. DISTRICT COLLECTOR, ARBITRATOR COLLECTORATE, CIVIL STATION,
KADAPANAKKUNNU, THIRUVANANTHAPURAM - 695004.
5. SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LA (NH), CIVIL
STATION, COLLECTORATE, THIRUVANANTHAPURAM - 695004.
BY ADVS.M/S.,SIJU KAMALASANAN & ANJANA KAMATH FOR R1
CENTRAL GOVERNMENT COUNSEL SRI.T.C.KRISHNA FOR R3
SENIOR GOVERNMENT PLEADER SRI.V.TEKCHAND FOR R4 & 5
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 all further proceedings pursuant to the Judgment dated 25-02-2019
in W.P.(C) No.5580/2019 pending disposal of the Writ Appeal.
This Writ Appeal coming on for admission on 17/01/2023 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.
=====================================
C. M. Application No. 1 of 2022 in
W. A. No. 1922 of 2022
&
W. A. No. 1922 of 2022
=====================================
Dated this the 17th day of January, 2023
ORDER
S. Manikumar, C. J.
Instant writ appeal is filed with a delay of 670 days. Hence, C.
M. Application No. 1 of 2022 is filed to condone the delay.
2. Mr. K. Siju, learned counsel, takes notice for Mr. Shylakumar
S., the 1st respondent.
3. Mr. T. C. Krishna, learned Central Government Counsel, takes
notice for the Union of India, represented by the Principal Secretary to
the Government of India, Ministry of Road Transport and Highways,
New Delhi, the 3rd respondent.
4. Mr. V. Tekchand, learned Senior Government Pleader, takes
notice for the District Collector, Arbitrator Collectorate, Civil Station,
Thiruvananthapuram, and the Special Deputy Collector and Competent
Authority LA (NH), Civil Station, Collectorate, Thiruvananthapuram,
W. A. No. 1922 of 2022
respondents 4 and 5 respectively.
5. We are satisfied with the reasons assigned.
6. That apart, on similar issue, this Court has already entertained
W. A. Nos. 273 and 296 of 2021, and there is also an order of stay of
the judgment of the learned Single Judge.
7. In view of the above, delay is condoned.
8. Writ appeal is admitted.
There shall be a interim stay of operation of the impugned
judgment.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
17-01-2023 /True Copy/ Assistant Registrar
