High Court of KeralaWP(C)/19537/2015dismissed

Sunny V.I v. The District Collector, Thrissur

2015-07-01Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937 WP(C).No. 19537 of 2015 (N) ---------------------------- PETITIONER(S):

----------------- SUNNY V.I., AGED 54 YEARS BUSINESS, S/O.VATTAKUZHY ITTIERA, PUDUKAD NENMANIKARA VILLAGE, THRISSUR - 686 301.

BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S):

-------------------

1. THE DISTRICT COLLECTOR, ARBITRATOR, COLLECTORATE, AYYANTHOLE THRISSUR - 680 001.

2. THE DEPUTY COLLECTOR, SPECIAL LAND ACQUISITION OFFICER, C A L A, N H D P THRISSUR 680 001.

3. THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA PALAKKAD 678 001.

R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

R BY SRI.THOMAS ANTONY, SC FOR NATIONAL HIGHWAY AUTHORITY OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19537 of 2015 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1: A TRUE COPY OF THE AWARD PASSED BY THE FIRST RESPONDENT DATED 3/10/2008.

RESPONDENT(S)' EXHIBITS : NIL.

----------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.19537 of 2015 --------------------- Dated this the 1st day of July, 2015

J U D G M E N T

The Arbitrator appointed under the National Highways Act, 1956 had passed Ext.P1 Award as early as on 3.10.2008. The petitioner did move the District Court under Section 34 of the Arbitration and Conciliation Act, 1996 as held in Varghese.A.P. and another v. Union of India and others [ILR 2015 (1) Kerala 112]. The motion was admittedly made well out of time and the same was rightly rejected by the District Court.

2. No document is produced evidencing the proceedings before the District Court under the Arbitration and Conciliation Act, 1996. More than 7 years have elapsed since Ext.P1 Award was passed which is impugned in this Writ Petition. The petitioner having failed to agitate the alleged inadequacy of compensation at the appropriate time cannot belatedly file a writ petition of this nature.

The Writ Petition is dismissed.

Sd/- V.CHITAMBARESH, Judge.

nj.