Allowed

Shanu George Cherian, v. the District Magistrate

Kerala HC19 Aug 2020WA/1035/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ appeal against a judgment that dismissed a petition regarding No Objection Certificates under IRC Guidelines. The Court relied on a batch judgment (W.A. No. 27 of 2020) and set aside the impugned decision.

What did the court decide?

By setting aside the impugned judgment dated 19.12.2019 and allowing the writ appeal following the decision in W.A. No. 27 of 2020.

Shanu George Cherian, Vs the District Magistrate — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 19TH DAY OF AUGUST 2020 / 28TH SRAVANA, 1942

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WA.No.1035 OF 2020

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AGAINST THE JUDGMENT DATED 19.12.2019 IN WP(C) 27965/2019(U) OF HIGH COURT OF KERALA

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APPELLANT/S:

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SHANU GEORGE CHERIAN, AGED 28 YEARS S/O.CHERIAN GEORGE, VENKEDATH HOUSE, THIRUVANCHOOR, KOTTAYAM.

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BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL

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RESPONDENTS:

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1 THE DISTRICT MAGISTRATE, K.K.ROAD, COLLECTORATE, KOTTAYAM-686 002.

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2 THE EXECUTIVE ENGINEER (PWD), PWD OFFICE COMPLEX, KOTTAYAM-686 001.

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SR.GP SURIN GEORGE IPE FOR RESPONDENTS

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A. No. 1035/2020

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: 2 :

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Dated this the 19^th day of August, 2020. JUDGMENT

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S. Manikumar, CJ

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Instant writ appeal is filed challenging the judgment dated 19.12.2019 in W.P.(C) No. 27965 of 2019, by which the writ court dismissed the writ petition holding that if at all the petitioners have any grievance against the application of IRC Guidelines and MORTH Norms in the matter of considering their requests for No Objection Certificates under Rules 144 of the Rules, they cannot approach this Court before a decision is taken on the application.

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The very same issue has been considered by this Court in W.A. No. 27 of 2020 and connected cases, and this Court as per judgment dated 05.03.2020 allowed the writ appeals. The operative portion of the said judgment reads thus:

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“7. Mr. M. GopiKrishnan Nambiar, learned standing counsel for Bharat Petroleum Corporation and Mr. N. Manoj Kumamr, learned Special Government Pleader for the State submitted that Government have incorporated IRC norms in the PWD Manual. G.O.(M.S) No.16/2020/PWD dated 10.2.2020 has been issued subsequent to the disposal of writ petitions. IRC guidelines for road safety has been withdrawn on 1.12.2019. Had the of withdrawal of IRC guidelines been brought to the notice of the writ court, this common judgment dismissing the writ petitions for not satisfying IRC guidelines would not have been passed

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W.A. No. 1035/2020

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: 3 :

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Pursuant to the interim directions granted in the writ petitions, some of the appellants have been issued with No Objection Certificates. Subsequently, writ petitions have been dismissed. Though interim order merges with the final judgment, correctness of the said judgment is carried on in the instant appeals and judgment is reversed, the litigant is entitled to be protected and entitled to the benefits arising out of the interim order. Thus, we are of the view that the writ petitioners/appellants, who have obtained No Objection Certificate from competent authority shall continue with the the benefits of the interim order. We are not expressing anything on those applications which are rejected or still pending with the competent authority. Common judgment in W.P(C). No.29005 of 2019 and connected cases dated 19.12.2019 is set aside. All the writ appeals are allowed, as indicated above.”

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3. Since the issue is already covered in favour of the appellant, Sri. Surin George Ipe, Sr. Government Pleader, is put on notice for respondents.

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Following the judgment dated 05.03.2020 passed by this Court in W.A.No. 27 of 2020 and batch, we allow this writ appeal by setting aside the impugned judgment.

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S. MANIKUMAR,

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CHIEF JUSTICE.

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SHAJI P. CHALY, JUDGE.

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Shanu George Cherian, v. the District Magistrate

Case brief

What is this about?

What did the court decide?

Shanu George Cherian, v. the District Magistrate

Case brief

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