Chandramohanan K.C vs Union Of India
2024 Latest Caselaw 32887 Ker

Kerala High Court

Chandramohanan K.C vs Union Of India on 13 November, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
                 THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
       Wednesday, the 13th day of November 2024 / 22nd Karthika, 1946
                             WA NO. 1784 OF 2023
    AGAINST JUDGMENT DATED 30.03.2023 IN WP(C) 10664/2023 OF THIS COURT
APPELLANTS/PETITIONERS:

  1. CHANDRAMOHANAN K.C, AGED 59 YEARS, INDEEVARAM, ERUVA,
     KAREELAKULANGARA.P.O, ALAPPUZHA DISTRICT, PIN - 690572
  2. M ABOOBACKER, AGED 68 YEARS, VELLALIL, KEERIKKAD.P.O., KAYAMKULAM,
     ALAPPUZHA DISTRICT., PIN - 690502
  3. MINI R, AGED 46 YEARS, D/O CHANDRASEKHARAN NAIR, MOODAMPADIYIL,
     KAREELAKULANGARA.P.O, ALAPPUZHA DISTRICT., PIN - 690572
  4. M.K YOUSAF, AGED 50 YEARS, S/O MUHAMMED KUNJU AYANTEKALAM
     (MKYMANZIL) THOTTAPPALLY, PURAKKAD P.O, ALAPPUZHA DISTRICT., PIN -
     688561

BY ADVS.M/S.P.SATHISAN, DONA AUGUSTINE, JAVED HAIDER, GOPIKA ANIL,
ABHIRAM SUNISH, BIJU P.PAUL AND SHIBU B.S.

RESPONDENTS/RESPONDENTS:

  1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT
     AND HIGHWAYS, NEWDELHI., , PIN - 110001
  2. NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI, NATIONAL HIGHWAY
     AUTHORITY OF INDIA, G-586, SECTOR-10, DWARAKA, NEW DELHI REPRESENTED
     BY ITS CHAIRMAN, PIN - 110075
  3. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA,
     TC-29/1539/1, RAJASREE KAIRALI, PERUMTHANNI, VALLAKKADAVU P.O,
     THIRUVANANTHAPURAM., PIN - 695008
  4. THE DISTRICT COLLECTOR ALAPPUZHA, FIRST FLOOR, COLLECTORATE,
     ALAPPUZHA, KERALA, PIN - 688001
  5. SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION,
     NATIONAL HIGHWAY AUTHORITY OF INDIA, ALAPPUZHA, PIN - 688001
  6. STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
     SECRETARIAT, THIRUVANANTHAPURAM., , PIN - 695001

CENTRAL GOVERNMENT COUNSEL FOR R1 TO R3 AND R5

SRI.VISHNU PRADEEP,CGC FOR R1 TO R3

SENIOR   GOVERNMENT PLEADER FOR R4 AND R6

     This Writ Appeal again coming on for orders on 13/11/2024 upon
perusing the appeal memorandum and this court's order dated 26/10/2023,the
court on the same day passed the following:
                A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ.
             ---------------------------------------------------------------
                                WA No.1784 of 2023
             ---------------------------------------------------------------
                    Dated this the 13th day of November, 2024

                                       ORDER

A.Muhamed Mustaque, J.

The issue in this matter is essentially related to the procedure

to be followed by the District Collector in an arbitration under the National

Highways Act, 1956. The appellants' contention is that the District Collector

will have to follow the procedure prescribed under Section 2(4) of the

Arbitration and Conciliation Act, 1996. This is a significant issue to be

decided. The appellants also pointed out that, connected matters, W.P.

(C)Nos.28555 of 2021, 22779 of 2022 and 25045 of 2022 are pending

before the learned Single Judge, questioning the appointment of the

District Collector as an Arbitrator. It is appropriate that the above

connected matters also be tagged along with this writ appeal. Therefore,

Registry shall post this matter along with the above connected matters

after obtaining necessary orders from the Honourable the Chief Justice.

Post on 22.11.2024.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

P.KRISHNA KUMAR JUDGE rkj

13-11-2024 /True Copy/ Assistant Registrar