Disposed

Arakkachal Narayanan v. State of Kerala

Kerala HC7 Mar 2022WP(C)/2499/2022

Case brief

AI extract

What is this about?

The High Court of Kerala directed the District Collector (Statutory Arbitrator) to admit and dispose of the petitioner's application under Section 3G(5) of the National Highways Act within eight months by hearing parties expeditiously.

What did the court decide?

Petitioner succeeded. District Collector directed to dispose of Ext.P3 application within eight months by hearing parties.

Arakkachal Narayanan Vs State of Kerala — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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MONDAY, THE 7^TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943

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WP(C) NO. 2499 OF 2022

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PETITIONER:

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ARAKKACHAL NARAYANAN, AGED 69 YEARS, S/O. LATE K.RAMAN, MANASAM, AANOOR, KARIVELLUR P.O., PAYYANUR TALUK, KANNUR DISTRICT-670 521.

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BY ADV.SRI.M.PROMODH KUMAR

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RESPONDENTS:

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1 STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, PWD, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001.

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2 THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, KOZHIKODE-673101.

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3 THE DISTRICT COLLECTOR, CIVIL STATION, KANNUR-670002.

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4 THE COMPETENT AUTHORITY UNDER THE NATIONAL HIGHWAYS ACT, SPECIAL DEPUTY COLLECTOR (LA), KANNUR-670002.

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SMT.K.AMMINIKUTTY SR.GP, SRI BIDAN CHANDRAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2499 OF 2022

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JUDGMENT

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The singular prayer of the petitioner in this writ petition is that the 3^rd respondent - District

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Collector, Kannur, be directed to take up Ext.P3 application and dispose it of, asserting that it has been filed under the provisions of Section 3G(5) of the National Highways Act ( the 'NH Act', for short).

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Sri.M.Promodh Kumar – learned counsel for the petitioner, the learned Senior Government Pleader

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– Smt.K.Amminikutty, submitted that there are several applications pending before the same

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Authority under the provisions of the 'NH Act', at the instance of various others and therefore, that no priority can be given to the petitioner. She thus prayed that no time frame be fixed by this Court; however, adding that Ext.P3 will be taken

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WP(C) NO. 2499 OF 2022

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up and disposed of by the District Collector, who

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is also the Statutory Arbitrator, without any avoidable delay.

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Sri.Bidan Chandran – learned Standing

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Counsel for the National Highway Authority of India(NHAI), submitted that, though he does not have any comment on the request of the petitioner for fixing a time frame to consider Ext.P3, his client may also be directed to be heard, while the same is disposed of.

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other cases, refused to fix a definite time frame, but had granted liberty to the petitioners therein to approach this Court after a period of eight months to seek such.

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In the afore circumstances, following the

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common pattern which has been adopted by this Court in other cases, I order this writ petition

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WP(C) NO. 2499 OF 2022

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and direct the 3^rd respondent – District Collector, to take up Ext.P3 application and dispose it of, after affording an opportunity of being heard to the petitioner, as also the competent official of the NHAI; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible.

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If the Statutory Arbitrator does not complete proceedings on Ext.P3 within a period of eight months from the date of receipt of a copy of this judgment, I leave liberty to the petitioner to approach this Court for fixing a time frame, which will then be considered at that time, taking note of the factors presented at that time.

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Sd/DEVAN RAMACHANDRAN JUDGE

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akv

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WP(C) NO. 2499 OF 2022

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APPENDIX OF WP(C) 2499/2022

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE NOTICE OF THE 4TH RESPONDENT TO THE PETITIONER DATED 27.2.2021.

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EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT U/S 3H (2) OF THE NATIONAL HIGHWAYS ACT.

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EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED U/S 3G (5) OF THE NATIONAL HIGHWAYS ACT BEFORE THE 3RD AND 4TH RESPONDENT DATED 23.6.2021.

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EXHIBIT P4 THE POSTAL RECEIPT EVIDENCING SUBMISSION OF EXT-P3.

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RESPONDENT'S/S EXHIBITS : NIL.

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//TRUE COPY// P.A. TO JUDGE

Arakkachal Narayanan v. State of Kerala

Case brief

What is this about?

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Arakkachal Narayanan v. State of Kerala

Case brief

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