Remanded

Raphael Joseph v. Emerson Cruz

Kerala HC29 Jan 2016RP/39/2016

Case brief

AI extract

What is this about?

The Court held that the District Magistrate must hear the petitioners before deciding on the issuance of a No Objection Certificate for a petroleum outlet. The previously issued NOC is subject to further orders, and the outlet cannot be commissioned until a decision is taken.

What did the court decide?

Directed the District Magistrate to hear the petitioners and take a decision within three weeks, prohibiting commission of the outlet until then.

Raphael Joseph Vs Emerson Cruz — Constitutional and Fundamental Rights | Kerala HC (2016)

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937

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RP.No. 39 of 2016 (B)

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AGAINST THE JUDGMENT IN WP(C) 30818/2015 DATED 13-10-2015

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REVIEW PETITIONER/RESPONDENTS 3, 4 AND 5 IN W.P.(C) :

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1. RAPHEL JOSEPH, AGED 52 YEARS

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S/O.JOSEPH, JOSEPH VILLA, C.S.NAGAR-12

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MAMAI PURAYIDOM, ALTHARA JUNCTION,

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KOLLAM-692 013.

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2. LEENA ANTONY, AGED 70 YEARS

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CLARA BHAVAN, C.S.NAGAR-11, ALTHARA JUNCTION KOLLAM-691 013.

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3. JESSY INNOCENT, AGED 48 YEARS ST.ANNA VILLA, C.S.NAGAR-13, ALTHARA JUNCTION KOLLAM-691 013.

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BY SENIOR ADVOCATE SRI.GRASHIOUS KURIAKOSE BY ADV.SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)

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RESPONDENTS/PETITIONER & RESPONDENTS 1, 2 & 6 IN W.P(C). :

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1. EMERSON CRUZ, AGED 38 YEARS S/O.MUNEL CRUZ, KADAYIL, KOLLAM WEST VILLAGE THANKASSERY P.O., KOLLAM-691 007.

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2. THE LAND REVENUE COMMISSIONER THIRUVANANTHAPURAM-695 033.

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3. THE DISTRICT COLLECTOR KOLLAM-691 001.

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4. SHAJI KUMAR, AGED 54 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER S.S.PALACE, C.S.NAGAR-5, ALTHARA JUNCTION KOLLAM-691 013.

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R1 BY ADV. SRI.P.B.SAHASRANAMAN

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R2 & R3 BY GOVT. PLEADER SRI. GIKKU JACOB

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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RP.No. 39 of 2016 (B)

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE I : CERTIFIED COPY OF JUDGMENT DATED 13-10-2015 IN WP(C) NO. 30818/15 OF THIS HONOURABLE COURT.

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ANNEXURE II COPY OF NO OBJECTION CERTIFICATE NO. M7/55350/15 DATED 1/12/2015 OF THE DISTRICT COLLECTOR, KOLLAM.

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RESPONDENT'S ANNEXURES : NIL

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//TRUE COPY//

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P.A. TO JUDGE

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A.MUHAMED MUSTAQUE, J.

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***************************************************************************** Review Petition No.39 of 2016 in

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W.P.(C) No.30818 of 2015

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******************************************************************************

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Dated this the 29^th day of January, 2016

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ORDER

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This review petition is at the instance of the party

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respondents in the writ petition. The issue is relating to issuance of No Objection Certificate (NOC) for establishing a

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petroleum outlet. This Court directed the District Magistrate to consider the request for NOC, notwithstanding the protest by

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the local people. However, this Court did not state that the objection of the local people shall be overlooked. The objection

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and protest by the local people are two different aspects. The objection is to ensure compliance of legal formality and the

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protest is against the establishment of petroleum outlet. It

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appears that the NOC has been issued without hearing the

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review petitioner.

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Review Petition No.39 of 2016 in W.P.(C) No.30818 of 2015 2

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In view of the above, this Court is of the view that the

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District Magistrate shall hear the petitioners and pass appropriate orders. The NOC already issued would be subject to further decision of the District Magistrate. Appropriate decision shall be taken within three weeks. Till a decision is taken by the District Magistrate as above, the petroleum outlet shall not be commissioned.

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The review petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Raphael Joseph v. Emerson Cruz

Case brief

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Raphael Joseph v. Emerson Cruz

Case brief

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