Chandri vs The Union Of India, Represented By ...
2023 Latest Caselaw 4191 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                       WP(C) NO. 10853 OF 2023


PETITIONERS:

    1     CHANDRI
          AGED 55 YEARS, W/O SHREEDHARAN,
          THIRUMANGALATH SHARMI NIVAS, MUTTUNGAL,WEST POST, VADAKARA
          TALUK, KOZHIKODE DISTRIC., PIN - 673106.

    2     SREEJESH
          AGED 40 YEARS, S/O SHREEDHARAN, SHARMI NIVAS,
          MUTTUNGAL,WEST POST, VADAKARA TALUK, KOZHIKODE DISTRICT.,
          PIN - 673106

    3     SHARMI T.M.
          AGED 34 YEARS
          W/O PRAVEEN KUMAR, ERAKATHIL CHERUVALATH HOUSE,
          PANTHEERAMKAVU POST, OLLAVANNA, KOZHIKODE., PIN - 673019

    4     SREEJIL T.M.
          AGED 27 YEARS
          S/O SHREEDHARAN T.M., SHARMI NIVAS,MUTTUNGAL,WEST POST,
          VADAKARA TALUK, KOZHIKODE DISTRICT., PIN - 673106

          BY ADV ZUBAIR PULIKKOOL


RESPONDENTS:

    1     THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF
          ROAD TRANSPORT AND HIGHWAYS.
          THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF
          ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL
          DELHI P.O, NEW DELHI., PIN - 110001

    2     DIRECTOR GENERAL ( ROAD DEVELOPMENT) AND SPECIAL SECRETARY
          DIRECTOR GENERAL ( ROAD DEVELOPMENT) AND SPECIAL SECRETARY
          ROOM NO. 213, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
          TRANSPORT BHAVAN-1, PARLIAMENT STREET, CENTRAL DELHI P.O,
          NEW DELHI., PIN - 110001

    3     PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA
          PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD
          OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI P.O., NEW
          DELHI., PIN - 110075
 W.P (C) No.10853/2023                -2-

      4       CHAIRMAN, NHAI.
              CHAIRMAN, NHAI, G-5 AND 6, SECTOR -10, DWARAKA , SOUTH WEST
              DELHI P.O, NEW DELHI., PIN - 110075

      5       STATE OF KERALA, REPRESENTED BY ITS SECRETARY.
              STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS
              DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN -
              695001

      6       PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA,
              PROJECT IMPLEMENTATION UNIT, KOZHIKODE.
              6. PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA,
              PROJECT IMPLEMENTATION UNIT, KOZHIKODE, LOTUS (H), 34/1487
              A, PROVIDENCE WOMENS COLLEGE ROAD, MALAPARAMBA P.O,
              KOZHIKODE., PIN - 673009

      7       SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH).
              7. SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH)
              COLLECTORATE, WAYANAD RD, CIVIL STATION P.O, ERANHIPALAM,
              KOZHIKODE., PIN - 673020

      8       SPECIAL TAHSILDAR (LA)(NH).
              SPECIAL TAHSILDAR (LA)(NH), VATAKARA MINI CIVIL STATION,
              COURT ROAD, VATAKARA P.O, KOZHIKODE., PIN - 673101

      9       DISTRICT COLLECTOR, KOZHIKODE COLLECTORATE.
              DISTRICT COLLECTOR KOZHIKODE COLLECTORATE, WAYANAD RD, CIVIL
              STATION P.O, ERANHIPALAM, KOZHIKODE., PIN - 673020

             BY ADV S. MANU, DEPUTY SOLICITOR GENERAL
             SMT. C.S. SHEEJA, SR. GOVT. PLEADER.
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.10853/2023                     -3-

                                  JUDGMENT

The petitioners have approached this court seeking an expeditious

consideration of Ext.P3 which is an application filed by the petitioners before the

Arbitrator under Section 3G (5) of the National Highways Act, 1956.

2. Having regard to the facts and circumstances of the case and

considering similar orders issued by this court, this writ petition will stand disposed

of directing the 9th respondent to consider and pass orders on Ext.P3 in accordance

with law and after affording an opportunity of hearing to the petitioners and all

affected parties within a period of 12 months from the date of receipt of a certified

copy of this judgment.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 10853/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN W.P.C 23142/21 DATED 30/11/2011.

Exhibit P2 TRUE COPY OF JUDGMENT IN WP(C) 12598/2021 DATED 09/09/2021.

Exhibit P3 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONERS BEFORE 9TH RESPONDENT DATED 25/02/2023.