Allowed

Elizabeth Joseph v. the State of Kerala

Kerala HC15 Sept 2020WA/1181/2020

Case brief

AI extract

What is this about?

The High Court allowed the writ appeal by setting aside an impugned judgment that dismissed a petition concerning No Objection Certificates. The reversal was based on a subsequent judgment in W.A. No. 27 of 2020 which addressed the applicability of IRC guidelines withdrawn prior to the earlier dismissal.

What did the court decide?

The writ appeal allowed; impugned judgment set aside; appellants entitled to benefits of No Objection Certificates granted under interim order.

Elizabeth Joseph Vs the State of Kerala — Constitutional and Fundamental Rights | 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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TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

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WA.No.1181 OF 2020

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AGAINST THE JUDGMENT IN WP(C) 26561/2019(U) OF HIGH COURT OF KERALA DATED 19.12.2019

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APPELLANT/PETITIONER:

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ELIZABETH JOSEPH

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AGED 56 YEARS, W/O. JOSEPH V.J, VAVOLICKAL HOUSE, DEVAGIRI P.O, KANGHAZHA, KOTTAYAM.

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

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RESPONDENTS/RESPONDENTS:

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1 THE STATE OF KERALA REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

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2 KERALA PUBLIC WORKS DEPARTMENT, REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT JAGAD BUILDINGS, KOWDIAR P.O, THIRUVANANTHAPURAM-695 003

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3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM-686 001

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W.A.1181/2020

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4 THE DISTRICT COLLECTOR, KOTTAYAM DIST., COLLECTORATE, KOTTAYAM-686 001

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5 HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O, P.B. NO.1601, COCHIN-682 018

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SRI. ARAVIND KUMAR BABU, SR.GP FOR R1 TO R4, SRI.M.GOPIKRISHNAN NAMBIAR, FOR R5

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.1181/2020

JUDGMENT

Dated this the 15^th day of September, 2020

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S. Manikumar, CJ.

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This writ appeal is filed challenging the judgment in W.P(C). No.26561 of 2019 dated 19.12.2019, 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.

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W.A.1181/2020

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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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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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Since the issue is already covered in favour of the appellant, Sri. Aravindakumar Babu, Sr. Government Pleader, is put on notice for respondents 1 to 4 and Sri. M. Gopikrishnan Nambiar, learned Standing Counsel for the Indian Oil Corporation is also put on notice for the 5^th respondent.

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W.A.1181/2020

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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

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the impugned judgment.

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Sd/S. Manikumar, Chief Justice

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Sd/Shaji P. Chaly, Judge

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sou.

Elizabeth Joseph v. the State of Kerala

Case brief

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What did the court decide?

Elizabeth Joseph v. the State of Kerala

Case brief

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What did the court decide?

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