Allowed

Rejina Dannish v. the State of Kerala

Kerala HC15 Sept 2020WA/1182/2020

Case brief

AI extract

What is this about?

This writ appeal challenged the High Court judgment dismissing the petition due to non-compliance with IRC Guidelines. The court allowed the appeal by relying on a connected batch judgment decided on 05.03.2020 which set aside judgments based on withdrawn guidelines and protected appellants who obtained interim No Objection Certificates.

What did the court decide?

The writ appeal is allowed by setting aside the impugned judgment dated 19.12.2019 in W.P(C). No.34654 of 2019, relying on the batch judgment in W.A. No. 27 of 2020. Benefits of interim No Objection C

Rejina Dannish Vs the State of Kerala — Kerala HC (2020) — LawSathi Research

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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.1182 OF 2020

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AGAINST THE JUDGMENT IN WP(C) 34654/2019(F) OF HIGH COURT OF KERALA DATED 19.12.2019

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APPELLANT/PETITIONER:

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REJINA DANNISH AGED 33 YEARS, W/O. DHANNISH, AYANI THAHZKUNI, MUTHUVADATHOOR, PURAMERI, VADAKARA, KOZHIKODE.

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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-695 001

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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, KOZHIKODE-673 002

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W.A.1182/2020

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4 THE DISTRICT COLLECTOR, KOZHIKODE DIST. COLLECTORATE, KOZHIKODE-673020 5 BHARAT PETROLEUM CORPORATION LTD. REP. BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 9011

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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.1182/2020

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.34654 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

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W.A.1182/2020

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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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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,

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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.1182/2020

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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/-

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S. Manikumar, Chief Justice

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Sd/Shaji P. Chaly,

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Judge

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sou.

Rejina Dannish v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Rejina Dannish v. the State of Kerala

Case brief

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