Abdul Majeed vs the District Collector/Arbitrator Under the National Highways Act

Abdul Majeed vs The District Collector/Arbitrator Under the National Highways Act

Type Court Judgment Court Kerala Decided Dec 22, 2023

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https://sooperkanoon.com/case/1439477

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Citation: sooperkanoon.com/1439477
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Dec 22, 2023
Case Number: WP(C)/43993/2023

Parties & Advocates

Appellant / Petitioner

Abdul Majeed

Respondent

The District Collector/Arbitrator Under the National Highways Act

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice murali purushothaman friday, the 22nd day of december 2023 / 1st pousha, 1945 wp(c) no. 43993 of 2023 petitioner: abdul majeed aged 50 years s/o late nagoor kunju, kunnuvila purayidom, thazhuthala, kottiyam, kollam district - 691001 by advs. k.b.pradeep harisankar r respondents: 1 the district collector/arbitrator under the national highways act collectorate kollam., pin - 691013 2 the special deputy collector (land acquisition) national highway & competent authority collectorate kollam., pin - 691013 r by sr.gp adv.deepa narayanan this writ petition (civil) having come up for admission on 22.12.2023, the court on the same day delivered the following: wp(c) no. 43993 of 2023 : 2 :judgmentthe petitioner has filed ext.p2 arbitration application dated 17.02.2023 before the 1st respondent under section 3g(5) of the national highways act, 1956 against the award passed by the 2nd respondent competent authority. the grievance of the petitioner is that ext.p2 arbitration application is not so far considered by the 1st respondent.2. heard the learned counsel for the petitioner and the learned government pleader.3. in the facts and circumstances of the case, therewill be a direction to the 1 st respondent to consider and pass orders on ext.p2 arbitration application, as expeditiously as possible, at any rate, within a period of twelve months from the date of receipt of a certified copy of this judgment. the writ petition is disposed of as above. sd/- murali purushothaman judge sb wp(c) no. 43993 of 2023 : 3 : appendix petitioner exhibits exhibit p1 no.66.true copy of the proceedings dated 09-12- 2021, of the 2 nd respondent exhibit p2 true copy of the arbitration case no. 370922 of 2022, dated 17-02-2023 exhibit p3 true copy of the representation dated 04-12-2023 by the petitioner to the 1st respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 WP(C) NO. 43993 OF 2023 PETITIONER: ABDUL MAJEED AGED 50 YEARS S/O LATE NAGOOR KUNJU, KUNNUVILA PURAYIDOM, THAZHUTHALA, KOTTIYAM, KOLLAM DISTRICT - 691001 BY ADVS. K.B.PRADEEP HARISANKAR R RESPONDENTS: 1 THE DISTRICT COLLECTOR/ARBITRATOR UNDER THE NATIONAL HIGHWAYS ACT COLLECTORATE KOLLAM., PIN - 691013 2 THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION) NATIONAL HIGHWAY & COMPETENT AUTHORITY COLLECTORATE KOLLAM., PIN - 691013 R BY SR.GP ADV.DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 43993 OF 2023 : 2 :

JUDGMENT

The petitioner has filed Ext.P2 arbitration application dated 17.02.2023 before the 1st respondent under Section 3G(5) of the National Highways Act, 1956 against the award passed by the 2nd respondent competent authority. The grievance of the petitioner is that Ext.P2 arbitration application is not so far considered by the 1st respondent.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. In the facts and circumstances of the case, there

will be a direction to the 1 st respondent to consider and pass orders on Ext.P2 arbitration application, as expeditiously as possible, at any rate, within a period of twelve months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 43993 OF 2023 : 3 : APPENDIX PETITIONER EXHIBITS Exhibit P1 NO.66.TRUE COPY OF THE PROCEEDINGS DATED 09-12- 2021, OF THE 2 ND RESPONDENT Exhibit P2 TRUE COPY OF THE ARBITRATION CASE NO. 370922 OF 2022, DATED 17-02-2023 Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 04-12-2023 BY THE PETITIONER TO THE 1ST RESPONDENT

Same Court & Year Kerala · 2023 Same Parties Abdul Majeed vs The District Collector/Arbitrator Under the N... Same Judge Honourable Mr.Justice Murali Purushothaman