Chandri vs the Union of India, Represented by Secretary, Ministry of Road Transport and Highways.

Chandri vs The Union of India, Represented by Secretary, Ministry of Road Transport and Highways.

Type Court Judgment Court Kerala Decided Mar 31, 2023

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Citation: sooperkanoon.com/1350280
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Mar 31, 2023
Case Number: WP(C)/10853/2023

Parties & Advocates

Appellant / Petitioner

Chandri

Respondent

The Union of India, Represented by Secretary, Ministry of Road Transport and Highways.

Excerpt

.....(la)(nh). special tahsildar (la)(nh), vatakara mini civil station, court road, vatakara p.o, kozhikode., pin - 673101 9 district collector, kozhikode collectorate. district collector kozhikode collectorate, wayanad rd, civil station p.o, eranhipalam, kozhikode., pin - 673020 by adv s. manu, deputy solicitor general smt. c.s. sheeja, sr. govt. pleader. this writ petition (civil) having come up for admission on 31.03.2023, the court on the same day delivered the following: w.p (c) no.10853/2023 -3-judgmentthe petitioners have approached this court seeking an expeditious consideration of ext.p3 which is an application filed by the petitioners before the arbitrator under section 3g (5) of the national highways act, 1956.2. having regard to the facts and circumstances of the case andconsidering similar orders issued by this court, this writ petition will stand disposed of directing the 9th respondent to consider and pass orders on ext.p3 in accordance with law and after affording an opportunity of hearing to the petitioners and all affected parties within a period of 12 months from the date of receipt of a certified copy of this judgment. sd/- gopinath p. judge amg w.p (c) no.10853/2023 -4- appendix of wp(c) 10853/2023 petitioner exhibits exhibit p1 the true copy of the judgment in w.p.c 23142/21 dated exhibit p2 true copy of judgment in wp(c) 12598/2021 dated exhibit p3 true copy of the appeal submitted by the petitioners before 9th respondent dated 25/02/2023.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 WP(C) NO. 10853 OF 2023 PETITIONERS: 1 CHANDRI AGED 55 YEARS, W/O SHREEDHARAN, THIRUMANGALATH SHARMI NIVAS, MUTTUNGAL,WEST POST, VADAKARA TALUK, KOZHIKODE DISTRIC., PIN - 673106. 2 SREEJESH AGED 40 YEARS, S/O SHREEDHARAN, SHARMI NIVAS, MUTTUNGAL,WEST POST, VADAKARA TALUK, KOZHIKODE DISTRICT., PIN - 673106 3 SHARMI T.M. AGED 34 YEARS W/O PRAVEEN KUMAR, ERAKATHIL CHERUVALATH HOUSE, PANTHEERAMKAVU POST, OLLAVANNA, KOZHIKODE., PIN - 673019 4 SREEJIL T.M. AGED 27 YEARS S/O SHREEDHARAN T.M., SHARMI NIVAS,MUTTUNGAL,WEST POST, VADAKARA TALUK, KOZHIKODE DISTRICT., PIN - 673106 BY ADV ZUBAIR PULIKKOOL RESPONDENTS:
1 THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS. THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O, NEW DELHI., PIN - 110001 2 DIRECTOR GENERAL ( ROAD DEVELOPMENT) AND SPECIAL SECRETARY DIRECTOR GENERAL ( ROAD DEVELOPMENT) AND SPECIAL SECRETARY ROOM NO. 213, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN-1, PARLIAMENT STREET, CENTRAL DELHI P.O, NEW DELHI., PIN - 110001
3 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI P.O., NEW DELHI., PIN - 110075 W.P (C) No.10853/2023 -2- 4 CHAIRMAN, NHAI. CHAIRMAN, NHAI, G-5 AND 6, SECTOR -10, DWARAKA , SOUTH WEST DELHI P.O, NEW DELHI., PIN - 110075 5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN - 6 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, KOZHIKODE.
6. PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, KOZHIKODE, LOTUS (H), 34/1487 A, PROVIDENCE WOMENS COLLEGE ROAD, MALAPARAMBA P.O, KOZHIKODE., PIN - 673009 7 SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH).
7. SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION (NH) COLLECTORATE, WAYANAD RD, CIVIL STATION P.O, ERANHIPALAM, KOZHIKODE., PIN - 673020 8 SPECIAL TAHSILDAR (LA)(NH). SPECIAL TAHSILDAR (LA)(NH), VATAKARA MINI CIVIL STATION, COURT ROAD, VATAKARA P.O, KOZHIKODE., PIN - 673101 9 DISTRICT COLLECTOR, KOZHIKODE COLLECTORATE. DISTRICT COLLECTOR KOZHIKODE COLLECTORATE, WAYANAD RD, CIVIL STATION P.O, ERANHIPALAM, KOZHIKODE., PIN - 673020 BY ADV S. MANU, DEPUTY SOLICITOR GENERAL SMT. C.S. SHEEJA, SR. GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.10853/2023 -3-

JUDGMENT

The petitioners have approached this court seeking an expeditious consideration of Ext.P3 which is an application filed by the petitioners before the Arbitrator under Section 3G (5) of the National Highways Act, 1956.

2. Having regard to the facts and circumstances of the case and

considering similar orders issued by this court, this writ petition will stand disposed of directing the 9th respondent to consider and pass orders on Ext.P3 in accordance with law and after affording an opportunity of hearing to the petitioners and all affected parties within a period of 12 months from the date of receipt of a certified copy of this judgment. Sd/- GOPINATH P. JUDGE AMG W.P (C) No.10853/2023 -4- APPENDIX OF WP(C) 10853/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN W.P.C 23142/21 DATED Exhibit P2 TRUE COPY OF JUDGMENT IN WP(C) 12598/2021 DATED Exhibit P3 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONERS BEFORE 9TH RESPONDENT DATED 25/02/2023.

Same Court & Year Kerala · 2023 Same Parties Chandri vs The Union of India, Represented by Secretary, Mini... Same Judge Honourable Mr. Justice Gopinath P.