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Kerala High Court
S Velayudhan Nair vs Union Of India on 30 March, 2026
2026:KER:28297
WP(C) NO. 12648 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
WP(C) NO. 12648 OF 2026
PETITIONER/S:
1 S VELAYUDHAN NAIR
AGED 78 YEARS
S/O SANKARAPILLAI, REVATHY, TC 14/1274, VIKAS
BHAVAN, THIRUVANANTHAPURAM DISTRICT, PIN -
695033
2 ANUSREE C S
AGED 43 YEARS
D/O SARADA, DAS BHAVAN, VENKULATHUVILA,
THEKKEATTAM, NOW RESIDING AT MUNDUVIRALI VEEDU,
CHANI, KANJIRAMKULAM P O, THIRUVANANTHAPURAM,
PIN - 695524
3 LISHA C R
AGED 49 YEARS
D/O. REMA BHAI, PRATHIBHA NIVAS, THIRUPURAM P O,
NOW RESIDING AT TC 15/581, USRA 85, ROHINI,
UDARASIROMANI ROAD, SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695010
4 BIJU J
AGED 58 YEARS
S/O LATE SANTHAKUMARI AMMA N, D/O NAGESHWARI,
TRIVENI, MANAKKAL, THIRUPURAM P O,
THIRUVANANTHAPURAM, PIN - 695133
BY ADVS.
SHRI.N.AJITH
SHRI.SURESH KUMAR C.G.
SRI.K.JAYAKUMAR (SR.)
RESPONDENT/S:
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WP(C) NO. 12648 OF 2026
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1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF ROAD
TRANSPORT& HIGHWAYS, TRANSPORT BHAWAN,
1,PARLIAMENT STREET, NEW DELHI, PIN - 110001
2 PROJECT DIRECTOR
PROJECT IMPLEMENTATION UNIT KAZHAKOOTAM- KARODE
BYPASS PROJECT, NH AUTHORITY OF INDIA, TC
36/415(5), KOYKKAL VEEDU, KAVU LINE,
PALKULANGARA, THIRUVANATHAPURAM, PIN - 695024
3 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY
LA(NH), KAZHAKOOTAM- KARODE BYPASS,
COLLECTORATE, THIRUVANANTHAPURAM, PIN - 695001
4 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM PO, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
5 THE ARBITRATOR & THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION
ROAD, THIRUVANANTHAPURAM, PIN - 695043
6 THE SECRETARY
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
7 BINU
AGED 53 YEARS
S/O. LATE SANTHAKUMARI AMMA N D/O. NAGESHWARI,
TRIVENI, MANAKKAL, THIRUPURAM P.O
THIRUVANANTHAPURAM, PIN - 695133
8 DEEPA J S
AGED 50 YEARS
D/O. LATE SANTHAKUMARI AMMA N D/O. NAGESHWARI,
TRIVENI, MANAKKAL, THIRUPURAM P.O
THIRUVANANTHAPURAM, PIN - 695133
SR.GP-SMT.DEEPA NARAYANAN., CGC-SRI.S.KRISHNA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.03.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 12648 OF 2026
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JUDGMENT
The petitioners' land was acquired, pursuant to which
awards were passed, produced as Exts.P1 to P5. The
Arbitration applications were preferred against the same
before the District Collector / Arbitrator and Orders were
passed. The same were subsequently challenged before the
District Court. The Orders passed in the arbitration
applications were set aside vide Exts.P6 to Ext.P10 Orders
and the arbitration applications were remitted back to the
Arbitrator, for fresh consideration. The same is still
pending, is the short grievance. The petitioners seek that
the same be expedited.
2. Having heard the learned counsel for the
petitioners, the learned Government Pleader for respondents
3 to 6 and the learned Central Government Counsel for
respondents 1 and 2, this Court directs the Arbitrator/ 5 th
respondent to consider the arbitration applications pending
before him pursuant to the remand Orders vide Exts. P6 to
P10, in accordance with law, expeditiously, at any rate
within a period of five months from the date of receipt of
a copy of this judgment.
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WP(C) NO. 12648 OF 2026
3. The petitioners shall produce a copy of the
judgment before the 5th respondent, for compliance.
Needless to say, the petitioners, as also any other
affected person, shall be afforded with an opportunity of
being heard before taking a call in the respective
applications preferred by the petitioners. In view of the
pendency of the applications for more than ten years, this
Court directs the 5th respondent to comply with the above
directions, without fail.
The Writ Petition will stand disposed, as indicated above.
Sd/-
C. JAYACHANDRAN
JUDGE
SJ
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WP(C) NO. 12648 OF 2026
APPENDIX OF WP(C) NO. 12648 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE ORDER,
19.07.2017, PASSED BY RESPONDENT NO.5,
ARBITRATOR & DISTRICT COLLECTOR,
THIRUVANANTHAPURAM IN ARB. APPLICATION
NO. 119/2015 FROM LAC NO.714/13A FILED
BY PETITIONER NO.1
Exhibit P2 TRUE PHOTOSTAT COPY OF THE ORDER,
19.07.2017, PASSED BY RESPONDENT NO.5,
ARBITRATOR & DISTRICT COLLECTOR,
THIRUVANANTHAPURAM IN ARB. APPLICATION
NO. 120/2015 FROM LAC NO.706/13 FILED
BY PETITIONER NO.1
Exhibit P3 TRUE PHOTOSTAT COPY OF THE ORDER, DATED
28.06.2017, PASSED BY RESPONDENT NO.5,
ARBITRATOR & DISTRICT COLLECTOR,
THIRUVANANTHAPURAM IN ARB. APPLICATION
NO. 112/2015 FROM LAC NOS.422/13 &
426/13, FILED BY PETITIONER NO.2
Exhibit P4 TRUE PHOTOSTAT COPY OF THE ORDER, DATED
19.07.2017, PASSED BY RESPONDENT NO.5,
ARBITRATOR & DISTRICT COLLECTOR,
THIRUVANANTHAPURAM IN ARB. APPLICATION
NO. 111/2015 FROM LAC NOS. 680/13,
681/13 AND 682 /13 FILED BY PETITIONER
NO.3
Exhibit P5 TRUE PHOTOSTAT COPY OF THE ORDER, DATED
19.07.2017, PASSED BY RESPONDENT NO.5,
ARBITRATOR & DISTRICT COLLECTOR,
THIRUVANANTHAPURAM IN ARB. APPLICATION
NO. 116/2015 FROM LAC NO.715/13A FILED
BY PETITIONER NO.4
Exhibit P6 TRUE PHOTOSTAT COPY OF THE ORDER, DATED
26.7.2022, PASSED BY THE ADDITIONAL
DISTRICT JUDGE -VI, THIRUVANANTHAPURAM
IN (O.P) ARB. NO.265/2018 FILED BY THE
PETITIONER NO.1 AGAINST THE ARBITRATION
AWARD IN ARB. APPLICATION NO. 119/2015
Exhibit P7 TRUE PHOTOSTAT COPY OF THE ORDER, DATED
26.7.2022, PASSED BY THE ADDITIONAL
DISTRICT JUDGE -VI, THIRUVANANTHAPURAM
IN (O.P) ARB. NO. 269/ 2018 FILED BY
THE PETITIONER NO.1 AGAINST THE
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WP(C) NO. 12648 OF 2026
ARBITRATION AWARD IN ARB. APPLICATION
Exhibit P8 TRUE PHOTOSTAT COPY OF THE ORDER, DATED
23.10.2024, PASSED BY THE ADDITIONAL
DISTRICT JUDGE -V, THIRUVANANTHAPURAM
IN (O.P) ARB. NO.163/2022 FILED BY THE
PETITIONER NO.2 AGAINST THE ARBITRATION
AWARD IN ARB. APPLICATION NO. 112/2015
Exhibit P9 TRUE PHOTOSTAT COPY OF THE ORDER, DATED
30.7.2024, PASSED BY THE ADDITIONAL
DISTRICT JUDGE -IV, THIRUVANANTHAPURAM
IN (O.P) ARB. NO.147/2022 FILED BY THE
PETITIONER NO.4 AGAINST THE ARBITRATION
AWARD IN ARB. APPLICATION NO. 111/2015
Exhibit P10 TRUE PHOTOSTAT COPY OF THE ORDER, DATED
14.6.2024, PASSED BY THE ADDITIONAL
DISTRICT JUDGE -IV, THIRUVANANTHAPURAM
IN (O.P) ARB. NO.150/2022 FILED BY THE
PETITIONER NO.4 AGAINST THE ARBITRATION
AWARD IN ARB. APPLICATION NO. 116/2015
Exhibit P11 TRUE PHOTOSTAT COPY OF THE REMINDER
[ARB. APPLN. NO.119/2015 IN LAC
NO.714/2013A], SO SENT BY PETITIONER
NO. 1, DATED 13.3.2026
Exhibit P12 TRUE PHOTOSTAT COPY OF THE REMINDER
[ARB. APPLN. NO. 269/2018 IN LAC
NO.120/2015] SO SENT BY PETITIONER NO.
1, DATED 13.3.2026
Exhibit P13 TRUE PHOTOSTAT COPY OF THE REMINDER
[ARB. APPLN. NO. 112 OF 2015, 163/ 2022
IN LACS 422, 426/ 2013] SO SENT BY
PETITIONER NO. 2, DATED 13.3.2026
Exhibit P14 TRUE PHOTOSTAT COPY OF THE REMINDER
[ARB. APPLN. NO. 111/2015, 147/2022 IN
LAC NOS. 680, 681, 682 OF 2013] SO SENT
BY PETITIONER NO. 3, DATED 13.3.2026
Exhibit P15 TRUE PHOTOSTAT COPY OF THE REMINDER
[ ARB. APPLN. NOS. 116/2015, 150/2022
IN LAC NO. 715/ 2013], SO SENT BY
PETITIONER NO. 1, DATED 13.3.2026,
