The National Highway Authority Of ... vs K.V. Tomy
2023 Latest Caselaw 9438 Ker

WA No.1290/2023                           1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                         &
                     THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
             Monday, the 4th day of September 2023 / 13th Bhadra, 1945
                                WA NO. 1290 OF 2023
       AGAINST JUDGMENT DATED 26.08.2020 IN WP(C) 17663/2020 OF THIS COURT
   APPELLANTS/1ST & 2ND RESPONDENT:

      1. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, PLOT G-5 AND 6, SECTOR 10,
         DWARAKA, NEW DELHI 150007, REPRESENTED BY ITS CHAIRMAN.
      2. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, NO. 310
         A, CHANDRANAGAR EXTENSION, CHANDRANAGAR P.O. PALAKKAD-678007

        BY ADVS.M/S. E.C.KURIAKOSE & LEJO JOSEPH GEORGE

   RESPONDENTS/PETITIONER 1 & 2 & RESPONDENTS 3,4,5 & 6:

      1. K.V. TOMY, AGED 72 YEARS , S/O. VAREED K.T., RESIDING AT
         KANNANAIKKAL HOUSE, N.H. BYPASS, NADATHARA POST AND VILLAGE,
         THRISSUR DISTRICT.
      2. FANCY TOMY, AGED 63 YEARS, W/O.K.V. TOMY, RESIDING AT KANNANAIKKAL
         HOUSE, N.H. BYPASS, NADATHARA POST AND VILLAGE, THRISSUR DISTRICT.
      3. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
         REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
         695001
      4. THE DISTRICT LAND ARBITRATION COMMITTEE FOR NATIONAL HIGHWAY 47,
         THRISSUR, REPRESENTED BY ITS CHAIRMAN/DISTRICT COLLECTOR, THRISSUR,
         AYYANTHOLE P.O. THRISSUR DISTRICT - 680003
      5. THE DISTRICT COLLECTOR,THRISSUR, AYYANTHOLE P.O, THRISSUR DISTRICT
         680003
      6. THE SPECIAL DEPUTY COLLECTOR(SLAO) AND COMPETENT AUTHORITY (LA),
         NHDP, THRISSUR 680020

       BY ADVS.M/S. SUNIL KUMAR.S, LEKSHMI S.SEKHER, SIRJI.A, K.J.SUNIL FOR
    R1 & R2

        GOVERNMENT PLEADER FOR R3 TO R6

        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 judgment in W.P.(C) 17663/2020
   dated 26/08/2020 pending disposal of this writ appeal.

        This Writ Appeal coming on for orders on 04.09.2023 upon perusing
   the appeal memorandum, the court on the same day passed the following:
 WA No.1290/2023                            2/3




                                        ORDER

Admit.

Service is complete.

Post along with WA. No. 804/2021 and connected cases.

In the light of the interim order dated 30.06.2021 in the said writ appeal, there will be an interim stay of the direction to the 6th respondent to consider and pass orders on Ext.P4.

Sd/- ANU SIVARAMAN JUDGE

Sd/- C. JAYACHANDRAN JUDGE WA No.1290/2023 3/3

EXHIBIT P4: THE TRUE COPY OF THE REPRESENTATION DATED 15/08/2020 WAS SUBMITTED BY THE PETITIONERS BEFORE THE SIXTH RESPONDENT ON 17/8/2020.

04-09-2023 /True Copy/ Assistant Registrar