IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 35691 of 2009(F) -------------------------- PETITIONER): --------------- 1. MINI, W/O. SIVAKUMAR, MUTHIRIKKAL HOUSE PERAMANGALAM.P.O., THRISSUR DIST. 2. RAJENDRAKUMAR, S/O. PREBHAKARA MENON, 51 YEARS, KAROOR HOUSE, REP. BY POWER OF ATTORNEY HOLDER SANTHA RAJAN, W/O. RAJENDRAN, 42 YEARS, MITTATHULLIL HOUSE, POTTA, THRISSUR DIST. NOW RESIDING AT KAROOR HOUSE, LOKAMALEESWARAM, KODUNGALLUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. THE ARBITRATOR (NATIONAL HIGHWAY ACT) DISTRICT COLLECTOR, THRISSUR. 2. SPEICAL TAHSILDAR AND COMPETENT AUTHORITY, NATIONAL HIGHWAY 17, CHANDAPURA, KOTTAPPURAM BYPASS, THRISSUR. ADDL.R3 IMPLEADED ADDL.R3: NATIONAL HIGHWAY AUTHORITY OF INDIA, NO.8/1187, ARUMUGHAN COLONY, CHANDRANAGAR, PALAKKAD-7, REP.BY PROJECT DIRECTOR. (ADDL.R3 IMPLEADED AS PER ORDER DT.17.12.09 IN I.A.No.16000/09) By GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.35691 of 2009 F ----------------------------------------------------- DATED THIS THE 11th DAY OF AUGUST, 2010 JUDGMENT The properties of the petitioners were acquired under the National Highways Act for the purpose of construction of Kodungallur Bye Pass. The petitioners' grievance is regarding the insufficiency of the compensation. Accordingly, they seek for a direction to the 1st respondent to consider and pass orders on Exhibits P3 and P6 after affording an opportunity of hearing to the petitioners. 2. The respondents have filed a counter affidavit. It is pointed out that the petitions are pending before the Arbitrator appointed under the Act and the proceedings are one filed under Section 3(G) of the National Highways Act, 1956. The District Collector is appointed to perform the duties of Arbitrator in the jurisdiction of Thrissur District and he has to deal with various petitions and applications for enhancement of compensation. It is pointed out that this Court in the judgment in W.P.(C) No.25144/09 has directed to expedite orders on the applications which are pending, in the order of priority and effective steps are W.P.(C)No.35691/09 -2- being taken for a speedy disposal of the pending cases. 3. Therefore, there will be a direction to the District Collector to consider the claim for enhancement of the compensation, as expeditiously as possible, after hearing the petitioners, in the order of priority. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn