Talikulam Service Co-Operative Bank ... vs The Arbitrator Under The National ...
2024 Latest Caselaw 12119 Ker

Kerala High Court

Talikulam Service Co-Operative Bank ... vs The Arbitrator Under The National ... on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                       WP(C) NO. 17273 OF 2024
PETITIONER:

            TALIKULAM SERVICE CO-OPERATIVE BANK LTD. NO. R 301
            KACHERIPPADY, TALIKULAM.P.O., THRISSUR DISTRICT,
            REPRESENTED BY ITS SECRETARY, PIN - 680569.

            BY ADVS.
            M.SASINDRAN
            T.S.BHARATH KRISHNA


RESPONDENTS:

    1       THE ARBITRATOR UNDER THE NATIONAL HIGHWAYS ACT 1956,
            (THE DISTRICT COLLECTOR, CIVIL STATION,
            CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE,
            THRISSUR)., PIN - 680003.

    2       THE SPECIAL DEPUTY COLLECTOR AND
            COMPETENT AUTHORITY LA (NH 66)
            KODUNGALLOOR, THRISSUR DISTRICT.,
            PIN - 680664.

    3       THE PROJECT DIRECTOR
            NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI)
            7/5113B NEYTHELI - MAVELIPPURAM ROAD,
            MAVELIPPURAM, KAKKANAD, PIN - 682030.

            GP SRI. P S APPU ,
            SC SRI BIDAN CHANDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17273 OF 2024
                               -2-

                            JUDGMENT

The petitioner Society, being aggrieved by

Ext.P1 Award passed by the 2nd respondent, has

preferred Ext.P2 Arbitration Application under

Section 3G(5) of the National Highways Act

before the 1st respondent. It is stated that

though the Arbitration Application has been

filed on 20.07.2022, the 1st respondent has not

so far considered and disposed of the same. The

petitioner seeks expeditious disposal of Ext.P2

Arbitration Application.

2. Heard the learned counsel for the

petitioner, the learned Standing Counsel for the

NHAI and the learned Government Pleader.

In the facts and circumstances of the case,

there will be a direction to the 1st respondent

to dispose of Ext.P2 Arbitration Application, as

expeditiously as possible, at any rate, within WP(C) NO. 17273 OF 2024

a period of four months from the date of receipt

of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE akv WP(C) NO. 17273 OF 2024

APPENDIX OF WP(C) 17273/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF AWARD NO.3/2021 -

LA2/TAL/011117/2021 DATED 01.04.2022 ISSUED BY THE 1ST RESPONDENT IN RESPECT OF THE ACQUIRED PROPERTY OF THE PETITIONER

EXHIBIT P2 A TRUE COPY OF THE APPLICATION IN ARBITRATION CASE NO.E6/402471/2022 DATED 20.07.2022 FILED BY THE PETITIONER UNDER SECTION 3 G(5) OF THE NATIONAL HIGHWAYS ACT BEFORE THE DISTRICT COLLECTOR (ARBITRATOR NATIONAL HIGHWAYS ACT)