IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 2^ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943 OP(C) NO. 273 OF 2022 AGAINST OS 898/2021 OF MUNSIFF COURT, KODUNGALLUR PETITIONER/S:

SAIRANATH AGED 36 YEARS W/O SANJAY PULIPARAMBIL HOUSE, P.O.EDAVILANGU, THRISSUR, PIN - 680671 BY ADV A.G.VISWAMBHARAN RESPONDENT/S:

1 THE NATIONAL HIGHWAY AUTHORITY OF INDIA G 5 AND 6 SECTOR 10 DWARAKA NEWDELHI, PIN - 110075

2 THRISSUR DISTRICT COLLECTOR THRISSUR DISTRICT THRISSUR, PIN - 680003 3 DEPUTY COLLECTOR SPECIAL (LA) NH17 P.O.KODUNGALLUR, THRISSUR DISTRICT, PIN - 680667

4 REGUNATHAN AGED 52 YEARS S/O BALAKRISHNAN KOTTARATH HOUSE, PAPPINIVATTOM VILLAGE, MATHILAKAM P.O., THRISSUR DISTRICT, PIN - 680685 R4 BY ADV.SRI.BINU GEORGE R2 AND R3 BY SRI.DENNY DEVASSY, SR.GOVERNMENT PLEADER THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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J U D G M E N T

In this original petition filed under Article 227 of the Constitution of India, the defendant in O.S.No.898 of 2021 on the file of the Munsiff's Court, Kodungallur seeks early disposal of the same.

2. Adv.Sri.Binu George appears for the fourth respondent who is the plaintiff in the suit. Since the subject matter in dispute is the property alleged to be acquired for widening National Highway, the learned Government Pleader also was given notice in this matter where, the National Highway Authority of India, the District Collector, Thrissur and the Deputy Collector Special(LA)

have been arrayed as respondents in this original petition.

3. Going by the factual events narrated in the petition, it is noticed that suit has been filed to interdict a notification issued under Section 3D of the National Highway Act, 1956. Therefore, the maintainability of the suit is a serious matter in question. A report dated 22.02.2022 also is placed in the case bundle whereby, the learned Munsiff, Kodungallur reported that IA No.4 of 2022 filed by the defendant has been pending to decide the maintainability of the suit as a preliminary issue.

Having gone through the subject matter of the dispute as discussed, I am of the view that early disposal of IA No.4 of 2022 is necessary to address the grievance of the petitioner as well as the National Highway Authority of India. Therefore, there shall be a direction to the learned Munsiff to hear and dispose of IA No.4 of 2022 at the earliest, at any rate, within a period of two weeks from the date of production or receipt of a copy of this judgment.

It is specifically ordered that pendency of O.S.No.898 of

2021 is not a rider for the Government to proceed with the acquisition proceedings as per law.

Sd/-

A.BADHARUDEEN, JUDGE rkj APPENDIX OF OP(C) 273/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RENT AGREEMENT BETWEEN THE PETITIONER AND THE 4TH RESPONDENT DATED 20.05.2020 Exhibit P2 TRUE COPY OF THE NOTICE NO.C1/ALA/005749/2021 FROM THE SPECIAL DEPUTY COLLECTOR TO THE PETITIONER DATED NIL Exhibit P3 TRUE COPY OF THE 3D NOTIFICATION DATED

09/04/2019 ISSUED BY THE RESPONDENT NO.1 Exhibit P4 TRUE COPY OF THE ORIGINAL SUIT

898/2021 FILED BY THE RESPONDENT NO.4 BEFORE MUNSIFF'S COURT KODUNGALLUR Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE NATIONAL HIGHWAYS ACT,1956