Chakkumpurath Manoj vs District Collector
2024 Latest Caselaw 27340 Ker

Kerala High Court

Chakkumpurath Manoj vs District Collector on 11 September, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 28492/2024

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                                                          2024:KER:69350

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
                         WP(C) NO. 28492 OF 2024

PETITIONERS:
     1     CHAKKUMPURATH MANOJ
           AGED 49 YEARS
           S/O. BALAN NAIR, SREEPADAM HOUSE,
           KOZHAKKOTTUR, AREEKODE P.O,
           MALAPPURAM, PIN - 673639
     2     KUNNATHODI GIRIJA
           AGED 48 YEARS
           W/O. CHAKKUMPURATH MANOJ,
           SREEPADAM HOUSE, KOZHAKKOTTUR,
           AREEKODE P.O, MALAPPURAM, PIN - 673639

           BY ADVS.
           P.C.MUHAMMED NOUSHIQ
           JAHANA SHERIN.K

RESPONDENTS:

     1     DISTRICT COLLECTOR
           COLLECTRORATE , UP HILL, MALAPPURAM,
           MALAPPURAM DISTRICT, PIN - 676505
     2     COMPETENT AUTHORITY & DEPUTY COLLECTOR
           LAND ACQUISATION( NH 966 GREEN FIELD),
           MANJERI P.O, MALAPPURAM, PIN - 676121
     3     SPECIAL THAHSILDAR
           LAND ACQUISITION(NH966 GREENFIELD),
           UNIT -2 MANJERI P.O, MALAPPURAM, PIN - 676121
           B.S.SYAMANTHAK, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 28492/2024

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                           JUDGMENT

The petitioners are aggrieved by the non-consideration of

arbitration petition filed by them under Section 3G of the National

Highways Act, 1956 and under Section 23 of the Arbitration and

Conciliation Act by the respondent No.1 against the award passed by

the respondent No.2.

Having heard Sri.P.C.Muhammed Noushiq, the learned counsel

appearing for the petitioners and Sri.B.S.Syamanthak, the learned

Government Pleader, this writ petition is disposed of with a direction to

the respondent No.1 to dispose of Ext.P3 arbitration petition filed by

the petitioners, within one year from the date of receipt of a copy of

this judgment. The Arbitrator shall consider the request of the

petitioners to value the upstairs portion of the building situated in the

acquired land within a period of one month from the date of receipt of

a copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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2024:KER:69350

APPENDIX OF WP(C) 28492/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.05.2022 OF AREEKODE VILLAGE, MALAPPURAM DISTRICT

EXHIBIT P2 TRUE COPY OF THE SECTION 3G AWARD NO:

D.6924/2023/3552 DATED 29.12.2023 ISSUED TO PETITIONER BY THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE ARBITRATION PETITION DATED 28.02.2024 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 26.03.2024 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 12.07.2024 IN W.P.(C) NO.23935 OF 2024 PASSED BY THIS HON'BLE COURT