Kerala High Court
Adarsh Kavungal vs Special Deputy Collector on 15 February, 2024
WP(C) No.43940/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 15th day of February 2024 / 26th Magha, 1945
WP(C) NO. 43940 OF 2023
PETITIONER:
ADARSH KAVUNGAL, AGED 41 YEARS, S/O LATE SRI. ASOKAN KAVUNGAL,
RESIDING AT ASOKAM, PARAYIL ROAD, ELAMAKKARA P.O., KOCHI, PIN -
682026.
RESPONDENTS:
1. SPECIAL DEPUTY COLLECTOR, SLAO & CALA, NHDP, KODUNGALLUR, PIN -
680664
2. PROJECT DIRECTOR NHAI, PROJECT IMPLEMENTATION UNIT - KOCHI NEITHALAI
ROAD, KAKKANAD, ERNAKULAM, PIN - 682030.
3. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT
& HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O. NEW DELHI, PIN -
110001,
4. THE ARBITRATOR CUM DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION,
CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA, PIN -
680003.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to quash the Ext.P10 Award passed by the 4th Respondent in Ext.P3
proceedings.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
23.01.2024 and upon hearing the arguments of M/S B.G.HARINDRANATH, SAIRA
PUTHIYAPARAMPATH and GOWRI DEV, Advocates for the petitioner, GOVERNMENT
PLEADER for R1 and R4 and of DEPUTY SOLICITOR GENERAL OF INDIA for R2 and
R3, the court passed the following:
p.t.o
WP(C) No.43940/2023 2/3
VIJU ABRAHAM , J.
===========================
WP(C) No. 43940 of 2023
============================
Dated this the 15th day of February, 2024
ORDER
The specific contention of the petitioner is that by Ext.P7 judgment
in WP(C) No.40142/2023 this Court has directed to consider Ext.P3
arbitration application filed under Section 3G(5) pending consideration
before the 4th respondent, granting liberty to the petitioner to move
appropriate interlocutory application before the Arbitrator in the said
proceedings, with a consequential direction to the arbitrator to consider
the same. Pursuant to Ext.P7, petitioner has preferred Ext.P9 request on
12.12.2023. The specific case of the petitioner is that though the
application was submitted on 12.12.2023 as directed by this Court in
Ext.P7, the respondent in order to circumvent the orders issued by this
Court has issued a pre-dated order as per Ext.P10.
The learned Government Pleader to get specific instructions on the
said contention of the petitioner.
Post on 22.02.2024.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
15-02-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 43940/2023
Exhibit P3 COPY OF THE CLAIM PETITION/ PETITION FILED U/S 3G (5)
OF THE NH ACT DATED 24.02.2022
Exhibit P7 COPY OF THE JUDGMENT DATED 01.12.2023 PASSED BY THIS
HON'BLE COURT IN W.P.(C) NO. 40142 OF 2023
Exhibit P9 COPY OF THE INTERLOCUTORY APPLICATION DATED 12.12.2023
FILED IN EXT.P3 PROCEEDINGS BEFORE THE 4TH RESPONDENT
Exhibit P10 COPY OF THE FINAL AWARD DATED 11.12.2023 IN EXT.P3
PROCEEDINGS
15-02-2024 /True Copy/ Assistant Registrar
