Allowed

Binazar v. the State of Kerala

Kerala HC5 Mar 2020WA/69/2020

Case brief

AI extract

What is this about?

Petroleum retail outlet NOCs were disputed for noncompliance with IRC guidelines. Following withdrawal of those guidelines, the court set aside the common judgment and allowed the appeals, preserving benefits for appellants already granted NOCs under interim orders. It expressed no view on rejected or pending applications.

What did the court decide?

Common judgment set aside; appellants already holding NOCs obtained under interim orders permitted to continue enjoying their benefits.

Binazar Vs the State of Kerala — Municipal and Town Planning | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶7

WA.No.27 OF 2020

¶8

AGAINST THE JUDGMENT IN WP(C) 23887/2019(I) OF HIGH COURT OF KERALA DATED 19.12.2019

¶9

APPELLANT/PETITIONER:

¶10

JASMINE SIRAJUDEEN

¶11

AGED 32 YEARS, W/O. SUDHEER BADHARUDEEN, USHAS, T.C.11/640, NANTHANCODE, KOWDIAR P. O., THIRUVANANTHAPURAM.

¶12

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

¶13

RESPONDENTS/RESPONDENTS:

¶14

1 THE STATE OF KERALA, REPRESENTED BY THE ADDL. CHIEF SECRETAR, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶15

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

¶16

3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM - 695 033.

¶17

W.A.No.27/2020 & Conn. Cases

¶18

¶19

4 THE DISTRICT COLLECTOR COLLECTORATE, THIRUVANANTHAPURAM - 695 035.

¶20

5 BHARAT PETROLEUM CORPORATION LTD. REPRESENTED BY ITS CHIEF REGIONAL MANAGER ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P. O., KOCHI - 682 309.

¶21

R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.P.GOPINATH (SR.) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.)

¶22

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.49/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶23

W.A.No.27/2020 & Conn. Cases

¶24

¶25

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶26

PRESENT

¶27

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶28

¶29

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶30

THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941

¶31

WA.No.49 OF 2020

¶32

AGAINST THE JUDGMENT IN WP(C) 26583/2019(W) OF HIGH COURT OF KERALA DATED 19.12.2019

¶33

APPELLANT/PETITIONER:

¶34

MANOJ VALAMPARAMPAN AGED 42 YEARS, S/O.GEORGE VALAMPARAMPAN, VALAMPAAMPIL, MAROOR P.O., ELAMANNOR, PATHANAMTHITTA.

¶35

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

¶36

RESPONDENTS/RESPONDENTS:

¶37

1 THE STATE OF KERALA REPRESENTED BY THE ADDL. CHIEF SECRETARY KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶38

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

¶39

W.A.No.27/2020 & Conn. Cases

¶40

¶41

3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, MINI CIVIL STATION, PATHANAMTHITTA-689 645.

¶42

4 THE DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT, COLLECTORATE, PATHANAMTHITTA 689 645.

¶43

5 BHARAT PETROLEUM CORPORATION REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM COCHIN-682 309.

¶44

R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM

¶45

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶46

W.A.No.27/2020 & Conn. Cases

¶47

¶48

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶49

PRESENT

¶50

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶51

¶52

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶53

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶54

WA.No.58 OF 2020

¶55

AGAINST THE JUDGMENT IN WP(C) 17720/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019

¶56

APPELLANT/PETITIONER:

¶57

BIJU SUDHAKARAN AGED 47 YEARS, S/O.SUDHAKARAN, BIJU BHAVANAM, THODIYOOR NORTH, KOLLAM.

¶58

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

¶59

RESPONDENTS/RESPONDENTS:

¶60

1 THE STATE OF KERALA REPRESENTED BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶61

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

¶62

W.A.No.27/2020 & Conn. Cases

¶63

¶64

3 THE EXECUTIVCE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691 001.

¶65

4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691 013.

¶66

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

¶67

R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM

¶68

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶69

W.A.No.27/2020 & Conn. Cases

¶70

¶71

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶72

PRESENT

¶73

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶74

¶75

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶76

THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941

¶77

WA.No.69 OF 2020

¶78

AGAINST THE JUDGMENT IN WP(C) 24469/2019(G) OF HIGH COURT OF KERALA DATED 19.12.2019

¶79

APPELLANT/PETITIONER:

¶80

BINAZAR AGED 46 YEARS W/O. MR. MUHAMMED KHAN, PUTHENPARAMBIL HOUSE, ERATTUPETTA P O, KOTTAYAM.

¶81

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

¶82

RESPONDENTS/RESPONDENTS:

¶83

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

¶84

2 KERALA PUBLIC WORKS DEPARTMENT REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P O, THIRUVANANTHAPURAM-695003.

¶85

W.A.No.27/2020 & Conn. Cases

¶86

¶87

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM-686001.

¶88

4 THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM-686001.

¶89

5 BHARATH PETROLEUM CORPORATION LTD, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P O, KOCHI-682 309.

¶90

ADDL . 6 DINESH PUTHALATH, AGED 60 YEARS, S/O KUNHIRAMAN NAIR, RESIDING AT SREESATHMAM, KAVINMOOLA, MAMBRA P.O., KANNUR - 670611. [ADDL.R6 IMPLEADED AS PER ORDER DATED 5.3.2020]

¶91

¶92

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶93

W.A.No.27/2020 & Conn. Cases

¶94

¶95

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶96

PRESENT

¶97

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶98

¶99

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶100

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶101

WA.No.70 OF 2020

¶102

AGAINST THE JUDGMENT IN WP(C) 31178/2019(V) OF HIGH COURT OF KERALA DATED 19.12.2019

¶103

APPELLANT/S:

¶104

SHEEBA.S AGED 37 YEARS W/O.SUNDARESAN, VETTUVILANGATHIL, PADA NORTH, KARUNAGAPPALLY, KOLLAM.

¶105

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

¶106

RESPONDENT/S:

¶107

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

¶108

2 KERALA PUBLIC WORKS DEPARTMENT REP BY THE PROJECT DIRECTOR KERALA STATE TRANSPORT PROJECT JAGAD BUILDINGS, KOWDIAR.P.O, THIRUVANANTHAPURAM-695003

¶109

3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691001

¶110

W.A.No.27/2020 & Conn. Cases

¶111

¶112

4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT COLLECTORATE, KOLLAM-691 013

¶113

5 BHARAT PETROLEUM CORPORATION LIMITED REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION IRIMPANAM, KOCHI-682 309

¶114

¶115

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶116

W.A.No.27/2020 & Conn. Cases

¶117

¶118

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶119

PRESENT

¶120

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶121

¶122

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶123

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶124

WA.No.86 OF 2020

¶125

AGAINST THE JUDGMENT IN WP(C) 29249/2019(E) OF HIGH COURT OF KERALA DATED 19.12.2019

¶126

APPELLANT/PETITIONER:

¶127

SHIRIL ABRAHAM KURUVILA AGED 37 YEARS, S/O. P.A. KURUVILA, PADUTHOTTU HOUSE, VENNIKULAM, THIRUVALLA, PATHANAMTHITTA.

¶128

BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA

¶129

RESPONDENTS/RESPONDENTS:

¶130

1 THE STATE OF KERALA REP. BY THE ADDL. CHIEF SECRETARY , KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶131

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

¶132

W.A.No.27/2020 & Conn. Cases

¶133

¶134

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MINI CIVIL STATION, PATHANAMTHITTA 689 645.

¶135

4 THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT, COLLECTORATE, PATHANAMTHITTA 689 645.

¶136

5 BHARAT PETROLEUM CORPORATION. REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, COCHIN 682 309.

¶137

¶138

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶139

W.A.No.27/2020 & Conn. Cases

¶140

¶141

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶142

PRESENT

¶143

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶144

¶145

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶146

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶147

WA.No.87 OF 2020

¶148

AGAINST THE JUDGMENT IN WP(C) 33714/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019

¶149

APPELLANT/PETITIONER:

¶150

HARIDAS V.P. AGED 51 YEARS,S/O.PARAMESWARAN NAIR, SREEPADMAM, MULLASSERI PARAMBIL, KOORKAPARAMBU,THIRUVEGAPURAM, NADUVATTOM P.O., PATTAMBI, PALAKKAD.

¶151

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

¶152

RESPONDENTS/RESPONDENTS:

¶153

1 THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶154

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

¶155

W.A.No.27/2020 & Conn. Cases

¶156

¶157

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI-676 121.

¶158

4 THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, COLLECOTRATE, MALAPPURAM-676 505.

¶159

5 BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER,CALICUT TERRITORY OFFICE, 3RD FLOOR,CEEKEY TOWERS,VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011.

¶160

¶161

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶162

W.A.No.27/2020 & Conn. Cases

¶163

¶164

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶165

PRESENT

¶166

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶167

¶168

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶169

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶170

WA.No.88 OF 2020

¶171

AGAINST THE JUDGMENT IN WP(C) 29043/2019(E) OF HIGH COURT OF KERALA DATED 19.12.2019

¶172

APPELLANT/PETITIONER:

¶173

RADHAKRISHNA PILLAI AGED 60 YEARS, S/O. GOPALA PILLAI, SUMASREE, MADANTHACODE, NELLIMUKKU, KOLLAM.

¶174

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

¶175

RESPONDENTS/RESPONDENTS:

¶176

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

¶177

2 KERALA PUBLIC WORKS DEPARTMENT, REP.BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P O, THIRUVANANTHAPURAM-695003.

¶178

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691001.

¶179

W.A.No.27/2020 & Conn. Cases

¶180

¶181

4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691 013. 5 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P O, THIRUVANANTHAPURAM-695008.

¶182

¶183

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶184

W.A.No.27/2020 & Conn. Cases

¶185

¶186

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶187

PRESENT

¶188

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶189

¶190

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶191

THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941

¶192

WA.No.89 OF 2020

¶193

AGAINST THE JUDGMENT IN WP(C) 28002/2019(A) OF HIGH COURT OF KERALA DATED 19.12.2019

¶194

APPELLANT/PETITIONER:

¶195

ABY GEORGE AGED 46 YEARS, S/O. T.V. GEORGE, ABY BHAVAN, SOORNADU SOUTH, PATHARAM, KOLLAM.

¶196

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

¶197

RESPONDENTS/RESPONDENTS:

¶198

1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶199

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

¶200

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOLLAM 691 008.

¶201

W.A.No.27/2020 & Conn. Cases

¶202

¶203

4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT COLLECTORATE, KOLLAM 691 008.

¶204

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

¶205

¶206

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶207

W.A.No.27/2020 & Conn. Cases

¶208

¶209

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶210

PRESENT

¶211

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶212

¶213

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶214

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶215

WA.No.92 OF 2020

¶216

AGAINST THE JUDGMENT IN WP(C) 32468/2019(G) OF HIGH COURT OF KERALA DATED 19.12.2019

¶217

APPELLANT/PETITIONER:

¶218

BINDU LAKSHMANAN AGED 46 YEARS, D/O.THANKARAJ, 23/2690, VATTATHRAPARAMBIL, PALLURUTHY, ERNAKULAM.

¶219

BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA

¶220

RESPONDENT/RESPONDENTS:

¶221

1 THE STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶222

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

¶223

W.A.No.27/2020 & Conn. Cases

¶224

¶225

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM-695 033.

¶226

4 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM DISTRICT-695 035. 5 BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O., KOCHI-682 309.

¶227

R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM

¶228

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶229

W.A.No.27/2020 & Conn. Cases

¶230

¶231

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶232

PRESENT

¶233

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶234

¶235

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶236

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶237

WA.No.95 OF 2020

¶238

AGAINST THE JUDGMENT IN WP(C) 31258/2019(F) OF HIGH COURT OF KERALA DATED 19.12.2019

¶239

APPELLANT/PETITIONER:

¶240

PRASANNA KUMARI

¶241

AGED 45 YEARS, W/O. CASTRO XAVIER, SANTHOSH NIVAS, TWO ROAD JUNCTION, EAST KALLADA, KOLLAM.

¶242

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

¶243

RESPONDENT/RESPONDENTS:

¶244

1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶245

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

¶246

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM 691 001.

¶247

W.A.No.27/2020 & Conn. Cases

¶248

¶249

4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM 691 013.

¶250

5 BHARAT PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, KOCHI 682 309.

¶251

R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM

¶252

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶253

W.A.No.27/2020 & Conn. Cases

¶254

¶255

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶256

PRESENT

¶257

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶258

¶259

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶260

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶261

WA.No.122 OF 2020

¶262

AGAINST THE JUDGMENT IN WP(C) 33507/2019(K) OF HIGH COURT OF KERALA DATED 19.12.2019

¶263

APPELLANT/PETITIONER:

¶264

NASEEF M.P AGED 31 YEARS, S/O.KUNHALI, MEETHALE PYNGOL, KALLACHI, VANIMEL, VADAKKARA, KOZHIKODE.

¶265

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

¶266

RESPONDENT/RESPONDENTS:

¶267

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

¶268

2 KERALA PUBLIC WORKS DEPARTMENT, REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR.P.O., THIRUVANANTHAPURAM-695003.

¶269

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOZHIKODE-673002.

¶270

W.A.No.27/2020 & Conn. Cases

¶271

¶272

4 THE DISTRICT COLLECTOR, KOZHIKODE DIST., COLLECTORATE, KOZHIKODE-673020.

¶273

5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, CALICUT TERRITORY OFFICE, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673011.

¶274

¶275

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶276

W.A.No.27/2020 & Conn. Cases

¶277

¶278

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶279

PRESENT

¶280

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶281

¶282

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶283

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶284

WA.No.138 OF 2020

¶285

AGAINST THE JUDGMENT IN WP(C) 25937/2019(N) OF HIGH COURT OF KERALA DATED 19.12.2019

¶286

APPELLANTS/PETITIONERS:

¶287

1 JUBY JACOB AGED 35 YEARS, W/O.BIJOY ALEX, RESIDING AT KOPPARA PARAMBIL HOUSE, NEERETTUPURAM KARA, NEERETTUPURAM.P.O., THALAVADY VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT.

¶288

2 K.M.JACOB AGED 70 YEARS, S/O.LATE MATHEW, RESIDING AT KOPPARA PARAMBIL HOUSE, NEERETTUPURAM KARA, NEERETTUPURAM.P.O., THALAVADY VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT.

¶289

BY ADVS. SRI.P.HARIDAS SRI.CHERIAN GEE VARGHESE SRI.BIJU HARIHARAN SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN

¶290

W.A.No.27/2020 & Conn. Cases

¶291

¶292

RESPONDENTS/RESPONDENTS:

¶293

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶294

2 DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ALAPPUZHA, PIN-688001.

¶295

3 ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA, PIN-688001.

¶296

4 EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROADS DIVISION, ALAPPUZHA, PIN-688001.

¶297

5 M/S.BHARAT PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS TERRITORY MANAGER (RETAIL), ERNAKULAM TERRITORY (RETAIL) OFFICE, IRIMPANAM INSTALLATION, IRIMPANAM, COCHIN, PIN-682309.

¶298

R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. MR. M GOPIKRISHNAN NAMBIAR (B/O)R-5 R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM

¶299

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶300

W.A.No.27/2020 & Conn. Cases

¶301

¶302

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶303

PRESENT

¶304

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶305

¶306

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶307

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶308

WA.No.154 OF 2020

¶309

AGAINST THE JUDGMENT IN WP(C) 33968/2019(U) OF HIGH COURT OF KERALA DATED 19.12.2019

¶310

APPELLANT/S:

¶311

SHERIN NOWSHAD AGED 36 YEARS, W/O. NOUSHAD, JAFFER ALI, K/NO.392, VELLANTHARA, KOLLENGODE 1, PALAKKAD

¶312

BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA

¶313

RESPONDENT/S:

¶314

1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶315

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

¶316

W.A.No.27/2020 & Conn. Cases

¶317

¶318

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD-678 001

¶319

4 THE DISTRICT COLLECTOR, PALAKKAD DIST. COLLECTORATE, PALAKKAD-678 013

¶320

5 HINDUSTAN PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGION, ELATHUR, KOZHIKODE-673 303

¶321

¶322

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶323

W.A.No.27/2020 & Conn. Cases

¶324

¶325

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶326

PRESENT

¶327

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶328

¶329

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶330

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶331

WA.No.155 OF 2020

¶332

AGAINST THE JUDGMENT IN WP(C) 32471/2019(H) OF HIGH COURT OF KERALA DATED 19.12.2019

¶333

APPELLANT/PETITIONER:

¶334

ABDUL MAJEED AGED 42 YEARS, S/O. ISMAIL HAJI, VADAKKE THODI HOUSE, KADUNGALLUR, KONDOTTY, MALAPPURAM

¶335

BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA

¶336

RESPONDENT/S:

¶337

1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶338

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

¶339

W.A.No.27/2020 & Conn. Cases

¶340

¶341

3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, MALAPPURAM-676 505

¶342

*** THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOZHIKODE-673 002**

¶343

4 THE DISTRICT COLLECTOR, COLECTORATE, MALAPPURAM DIST-676 505

¶344

*** THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT COLECTORATE, KOZHIKODE-673 020**

¶345

***[Address of R3 and R4 are corrected as per order dated 24.8.2020 in I.A. No.2/2020 in W.A.155/2020]**

¶346

5 NAYARA ENGERY LIMITED REP BY ITS CHIEF REGIONAL MANGER, 6B, 6TH FLOOR, NOEL FOCUS SEAPORT-AIRPORT ROAD, CHITTETHUKARA, CSEZ P.O., KOCHI-682 037

¶347

R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)

¶348

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶349

W.A.No.27/2020 & Conn. Cases

¶350

¶351

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶352

PRESENT

¶353

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶354

¶355

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶356

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶357

WA.No.157 OF 2020

¶358

AGAINST THE JUDGMENT IN WP(C) 29052/2019(F) OF HIGH COURT OF KERALA DATED 19.12.2019

¶359

APPELLANT/PETITIONER:

¶360

MUHAMMED ALI AGED 31 YEARS, S/O. SOURYATH, VENGASSERY, KALATHIL HOUSE, CHEERAKUZHY, KIZHAKKANCHERY P O, PALAKKAD.

¶361

BY ADV. SRI.R.SUNIL KUMAR

¶362

RESPONDENTS/RESPONDENTS:

¶363

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

¶364

2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR PO, THIRUVANANTHAPURAM-695003.

¶365

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD-678001.

¶366

W.A.No.27/2020 & Conn. Cases

¶367

¶368

4 THE DISTRICT COLLECTOR, PALAKKAD DISTRICT, COLLECTORATE, PALAKKAD-678013.

¶369

5 INDIA OIL CORPORATION LTD REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPPILLY NAGAR P O, KOCHI-682036.

¶370

¶371

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶372

W.A.No.27/2020 & Conn. Cases

¶373

¶374

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶375

PRESENT

¶376

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶377

¶378

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶379

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶380

WA.No.159 OF 2020

¶381

AGAINST THE JUDGMENT IN WP(C) 33712/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019

¶382

APPELLANT/PETITIONER:

¶383

MUHAMMED BASID P.K., AGED 26 YEARS S/O.ABDURAHMAN P.K., POOLAKKAL KARATTUCHALI, KUZHIMANNUR P.O., MALAPPURAM.

¶384

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

¶385

RESPONDENTS/RESPONDENTS:

¶386

1 THE STATE OF KERALA, REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶387

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

¶388

W.A.No.27/2020 & Conn. Cases

¶389

¶390

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOZHIKODE - 673 002.

¶391

4 THE DISTRICT COLLECTOR, KOZHIKODE DIST., COLLECTORATE, KOZHIKODE - 673 020.

¶392

5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT - 673 011.

¶393

¶394

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶395

W.A.No.27/2020 & Conn. Cases

¶396

¶397

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶398

PRESENT

¶399

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶400

¶401

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶402

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶403

WA.No.170 OF 2020

¶404

AGAINST THE JUDGMENT IN WP(C) 26157/2019(T) OF HIGH COURT OF KERALA DATED 19.12.2019

¶405

APPELLANT/PETITIONER:

¶406

SIJU MON P.M AGED 45 YEARS, S/O MADHAVAN, PAZHAYIDATH MULLAPUZHACHAL P.O.ENANALLOOR MUVATTUPUZHA

¶407

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

¶408

RESPONDENTS/RESPONDENTS:

¶409

1 THE STATE OF KERALA REP BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶410

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

¶411

W.A.No.27/2020 & Conn. Cases

¶412

¶413

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

¶414

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

¶415

5 BHARAT PETROLEUM CORPORATION LTD, REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O.KOCHI-682 309.

¶416

¶417

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶418

W.A.No.27/2020 & Conn. Cases

¶419

¶420

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶421

PRESENT

¶422

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶423

¶424

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶425

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶426

WA.No.172 OF 2020

¶427

AGAINST THE JUDGMENT IN WP(C) 33937/2019(N)OF HIGH COURT OF KERALA DATED 19.12.2019

¶428

APPELLANT/PETITIONER:

¶429

JOBEL BABU, AGED 26 YEARS PONMANKAL HOUSE, THELLAKOM P.O., KOTTAYAM.

¶430

BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA

¶431

RESPONDENTS/RESPONDENTS:

¶432

1 THE STATE OF KERALA, REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶433

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

¶434

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

¶435

W.A.No.27/2020 & Conn. Cases

¶436

¶437

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

¶438

5 INDIAN OIL CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM - 695 008.

¶439

¶440

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶441

W.A.No.27/2020 & Conn. Cases

¶442

¶443

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶444

PRESENT

¶445

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶446

¶447

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶448

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶449

WA.No.173 OF 2020

¶450

AGAINST THE JUDGMENT IN WP(C) 26114/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019

¶451

APPELLANT/PETITIONER:

¶452

SHIBU S.S., AGED 43 YEARS S/O. R. SURENDRAN, SREEVATSAM, KATIHAKUZHY, KUMMALLOOR P O, KOLLAM.

¶453

BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA

¶454

RESPONDENTS/RESPONDENTS:

¶455

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

¶456

2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P O, THIRUVANANTHAPURAM-695003.

¶457

W.A.No.27/2020 & Conn. Cases

¶458

¶459

3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691001.

¶460

4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691013.

¶461

5 INDIAN OIL CORPORATION LIMITED, REP.BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P O, THIRUVANANTHAPURAM-695008.

¶462

¶463

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶464

W.A.No.27/2020 & Conn. Cases

¶465

¶466

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶467

PRESENT

¶468

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶469

¶470

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶471

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶472

WA.No.183 OF 2020

¶473

AGAINST THE JUDGMENT IN WP(C) 28853/2019(F) OF HIGH COURT OF KERALA DATED 19.12.2019

¶474

APPELLANT/PETITIONER:

¶475

DELVIN BENNY AGED 24 YEARS, S/O. BENNY MATHEW, OODUVELIL HOUSE, MANJAPRA P.O., VADAKKENCHERY, PALAKKAD.

¶476

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

¶477

RESPONDENT/RESPONDENTS:

¶478

1 THE STATE OF KERALA REPRESENTED BY TEH ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶479

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

¶480

3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, PALAKKAD-678 001.

¶481

W.A.No.27/2020 & Conn. Cases

¶482

¶483

4 THE DISTRICT COLLECTOR PALAKKAD DISTRICT, COLLECTORATE, PALAKKAD-678 013.

¶484

5 INDIAN OIL CORPORATIONLTD. REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPPILLY NAGAR P.O., KOCHI-682036.

¶485

R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. ADV. M.GOPIKRISHNAN NMBIAR (B/O) R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM

¶486

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶487

W.A.No.27/2020 & Conn. Cases

¶488

¶489

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶490

PRESENT

¶491

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶492

¶493

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶494

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶495

WA.No.256 OF 2020

¶496

AGAINST THE JUDGMENT IN WP(C) 25180/2019(V) OF HIGH COURT OF KERALA DATED 19.12.2019

¶497

APPELLANT/PETITIONER:

¶498

VRINDA VIJAYAN AGED 31 YEARS D/O. VIJAYAN ARAM VALLEY, 6/217 DIWADKAR BUILDING, SIR BHALCHANDRA ROAD, BEHIND RUIA COLLEGE, NEXT TO COLONY, NURSING HOME, MATUNGA, MUMBAI 400 019

¶499

BY ADV. SRI.JOHNSON GOMEZ

¶500

RESPONDENTS/RESPONDENTS:

¶501

1 THE DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE RD, THAVAKKARA, KANNUR, KERALA 670 002

¶502

2 THE ADDITIONAL DISTRICT MAGISTRATE KANNUR, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE RD, THAVAKKARA, KANNUR, KERALA 670 002

¶503

W.A.No.27/2020 & Conn. Cases

¶504

¶505

3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES) PUBLIC OFFICE BUILDING, LMS, VELLALYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA 695 033

¶506

4 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI 400 051

¶507

R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM

¶508

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶509

W.A.No.27/2020 & Conn. Cases

¶510

¶511

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶512

PRESENT

¶513

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶514

¶515

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶516

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶517

WA.No.266 OF 2020

¶518

AGAINST THE JUDGMENT IN WP(C) 25992/2019(Y) OF HIGH COURT OF KERALA DATED 19.12.2019

¶519

APPELLANT/PETITIONER:

¶520

BEENA P.N. AGED 55 YEARS W/O. LATE K.RAVIKUMR, VADAKKEKEERUVELIYIL, SANATHANAPURAM P.O., KALARCODE, ALAPPUZHA-688 003

¶521

BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA)

¶522

RESPONDENTS/RESPONDENTS:

¶523

1 THE DISTRICT COLLECTOR KOTTAYAM, KERALA STATE-686 002

¶524

2 THE TERRITORY MANAGER (RETAIL), BHARAT PETROLEUM CORPORATION LIMITED, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM P.O., ERNAKULAM-682 039

¶525

3 EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM-686 001

¶526

W.A.No.27/2020 & Conn. Cases

¶527

¶528

4 CHIEF ENGINEER, PWD ROAD DIVISION, THIRUVANANTHAPURAM-695 033

¶529

R1,3 &4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R2 BY ADV. SRI.K.JOHN MATHAI R2 BY ADV. SRI.KURYAN THOMAS R2 BY ADV. SRI.PAULOSE C. ABRAHAM

¶530

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶531

W.A.No.27/2020 & Conn. Cases

¶532

¶533

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶534

PRESENT

¶535

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶536

¶537

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶538

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶539

WA.No.296 OF 2020

¶540

AGAINST THE JUDGMENT IN WP(C) 25403/2019(A) OF HIGH COURT OF KERALA DATED 19.12.2019

¶541

APPELLANT/PETITIONER:

¶542

SUNEESH A.K. AGED 38 YEARS S/O.PADMANABHAN PULUKOOL, PADMALAYAM, KANHIRANGAD P.O., TALIPARAMBA TALUK, KANNUR DIST.-670142.

¶543

BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA)

¶544

RESPONDENT/RESPONODENTS:

¶545

1 THE DISTRICT MAGISTRATE OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE RD., THAVAKKARA, KANNUR, KERALA-670002.

¶546

2 THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE RD., THAVAKKARA, KANNUR, KERALA-670002.

¶547

W.A.No.27/2020 & Conn. Cases

¶548

¶549

3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES), PUBLIC OFFICE BUILDING, LMS, VELLALYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033.

¶550

4 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI-400051.

¶551

R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.JOSON MANAVALAN R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM

¶552

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶553

W.A.No.27/2020 & Conn. Cases

¶554

¶555

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶556

PRESENT

¶557

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶558

¶559

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶560

THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶561

WA.No.326 OF 2020

¶562

AGAINST THE JUDGMENT IN WP(C) 23644/2019(E) OF HIGH COURT OF KERALA DATED 19.12.2019

¶563

APPELLANT/PETITIONER:

¶564

BINU P G AGED 42 YEARS, S/O.LATE P R GOPINATH, T.C.8/1119-3, PLANKUDY, MITHRI NAGAR, VALIYAVILA, THIRUMALA, THIRUVANANTHAPURAM-695006

¶565

BY ADVS. SRI.S.BIJU (KIZHAKKANELA) SRI.JOHNSON GOMEZ

¶566

RESPONDENTS/RESPONDENTS:

¶567

1 THE DISTRICT MAGISTRATE OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686001

¶568

2 THE ADDITIONAL DISTRICT MAGISTRATE KOTTAYAM OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686001

¶569

W.A.No.27/2020 & Conn. Cases

¶570

¶571

3 THE CHIEF ENGINEER PWD(ROADS AND BRIDGES) PUBLIC OFFICE BUILDING, LMS, VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033

¶572

4 INDIAN OIL CORPORATION LIMITED REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA(EAST), MUMBAI-400051

¶573

R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR R4 BY ADV. SRI.E.K.NANDAKUMAR (SR.) R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.JOSON MANAVALAN R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM

¶574

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶575

W.A.No.27/2020 & Conn. Cases

¶576

¶577

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶578

PRESENT

¶579

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶580

¶581

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶582

THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

¶583

WA.No.327 OF 2020

¶584

AGAINST THE JUDGMENT IN WP(C) 29005/2019(A) OF HIGH COURT OF KERALA

¶585

APPELLANT/PETITINER:

¶586

MOHAN.G AGED 55 YEARS S/O.K.N.GOPALAN, MANIKYAM, SASTHA NAGAR, SRA 188, PANGODE, THIRUMALA P.O., THIRUVANANTHAPURAM.

¶587

BY ADV. SRI.SANJAY JOHNSON

¶588

RESPONDENTS/RESPONDENTS:

¶589

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

¶590

2 KERALA PUBLIC WORKS DEPARTMENT, REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695003.

¶591

3 THE EXECUTIVE ENGINEER PWD (ROADS AND BRIDGES), BEACH ROAD, KOLLAM-691001.

¶592

W.A.No.27/2020 & Conn. Cases

¶593

¶594

4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691013.

¶595

5 HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O., P.B.NO.1601, COCHIN-682018.

¶596

¶597

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶598

W.A.No.27/2020 & Conn. Cases

¶599

¶600

JUDGMENT

¶601

WA.27/2020, WA.49/2020, WA.58/2020, WA.69/2020, WA.70/2020, WA.86/2020, WA.87/2020, WA.88/2020, WA.89/2020, WA.92/2020, WA.95/2020, WA.122/2020, WA.138/2020, WA.154/2020,WA.155/2020,WA.157/2020, WA.159/2020, WA.170/2020,WA.172/2020,WA.173/2020, WA.183/2020, WA.256/2020,WA.266/2020,WA.296/2020, WA.326/2020, WA.327/2020

¶602

Dated this the 5^th day of March, 2020

¶603

S. Manikumar, CJ

¶604

All these appeals arise out of dismissal of writ petitions filed seeking No Objection Certificates for starting petroleum retail outlets. Common judgment has been passed mainly placing reliance on IRC guidelines for access, location and layout of roadside fuel stations and service stations prescribed by Indian Roads Congress (IRC).

¶605

Facts in brief are as follows:

¶606

For obtaining licence for establishing petroleum retail outlets, No Objection Certificate of the District Authority under Rule 144 of the Petroleum Rules, 2002, framed under the Petroleum Act, 1934 is a mandatory prerequisite. The issue involved is whether NOC for establishing petroleum outlets could be denied on the ground that the

¶607

W.A.No.27/2020 & Conn. Cases

¶608

¶609

proposed site for the retail outlet is not conforming to the Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations prescribed by Indian Roads Congress and the Norms for access for Fuel Stations, Service Stations and Rest Areas along National Highways prescribed by the Ministry of Road Transport and Highways (MORTH Norms). Writ court found that these batch of cases comprise of different categories. One category of cases deals with petitions, in which dealers selected by the oil marketing companies are seeking orders directing the District Authorities under the Rules to consider the applications preferred for No Objection Certificates in respect of their outlets without insisting compliance of IRC Guidelines and MORTH Norms. The next category of cases are similar to the first category, in which the petitioners could secure interim orders from the writ court, directing consideration of the applications for No Objection Certificates, without insisting compliance of IRC Guidelines and MORTH Norms, subject to the outcome of the writ petitions. Rest of the cases in the batch are similar to the second category, in which the petitioners could secure No Objection Certificates provisionally on the strength of interim orders passed by this Court.

¶610

After considering the rival submissions and upon perusal of the materials on record, writ court dismissed the writ petitions subject to the observations made in paragraph 21 of the judgment. In paragraph 21 of

¶611

W.A.No.27/2020 & Conn. Cases

¶612

¶613

the judgment, writ court observed thus:

¶614

“21. Coming to the applicability of MORTH Norms, as noted, the case of the State is not consistent. In one counter affidavit, the stand taken is that it applies only to the fuel stations along the National Highways and in the other, the stand taken is that it applies to all roads in the State. When a specific question was put in this regard, the learned Government Pleader was unable to give a satisfactory answer as regards the said inconsistency. The learned Government Pleader was also unable to give a satisfactory answer as regards the doubt expressed by the court as to the applicability of the guidelines issued by the Ministry of Road Transport and Highways, Government of India for the roads in the State other than National Highways, over which the said Ministry has no control. The learned Government Pleader was also unable to explain why the MORTH Norms were not made part of the PWD Manual while the IRC Guidelines have been incorporated into the PWD Manual. Ext.P4 communication in W.P.(C) No.29807 of 2016, issued by the Ministry of Road Transport and Highways, Government of India indicates beyond doubt that MORTH Norms are intended to be applied only for establishment of fuel stations, private properties, rest area complexes and such other facilities along the National Highways. In the absence of any other materials, I am inclined to hold that MORTH Norms were not intended to apply to fuel stations along roads other than National Highways. If that be so, rejection of applications for No-objection certificates in respect of petroleum outlets other than those proposed to be established along the National Highways based on the said guidelines which are not intended to be applied for the same, would be arbitrary.”

¶615

W.A.No.27/2020 & Conn. Cases

¶616

¶617

Being aggrieved, instant writ appeals are filed inter alia on the

¶618

following grounds:

¶619

i) The Indian Road Congress is only a society registered under the Societies Registration Act and has no statutory backing. It is the apex body of road sector engineers and professionals in the country. The recommendations made by the same have no statutory value nor is binding upon a statutory authority. Moreover, as per Annexure A1, the guidelines of IRC has been withdrawn. Hence adoption of the same by the State Government in the PWD Manual and restricting the appellants from starting the petroleum outlet on the basis of the IRC is without any statutory basis.

¶620

ii) The norms issued by IRC are only a guide line for access, location and layout of roadside fuel stations and service stations published by the Indian Road Congress in 2012. From the face of IRC norms itself it can be seen that the same is only recommendatory nature and has no statutory value. Hence any reliance on the same for disposal of application of NOC is illegal and application for NOC need to be considered without adhering to the above norms.

¶621

iii) The dictum laid down in Mary Ulahannan v. Union of India reported in 2011(2) KHC 792 was upheld by the Apex Court in Civil Appeal No.2784-2792/2013 by order dated 2.4.2013. Subsequently, a Division Bench of this Court in Sheena Prakash v. Union of India and Others reported in 2013 KHC 3365 upheld the dictum in Mary Ulahannan's case. The learned Single Judge

¶622

W.A.No.27/2020 & Conn. Cases

¶623

¶624

did not consider the above decisions.

¶625

iv) It is to be noted that as per Rule 144 of Petroleum Rules, a No Objection Certificate from PWD is not a must. Hence the 4^th respondent is not supposed to obtain a NOC from the 2^nd and 3^rd respondent.

¶626

v) The learned Single Judge relied upon Indian Oil Corporation v. Aarti Devi Dangi and Another (SLO. No.31525/2014) in holding that IRC guidelines are the norms framed in the interest of public safety. But the Single Judge failed to appreciate the fact that the above decision was rendered in a totally different circumstance wherein IRC norms were made applicable to the applicants even at the time of tender notifications.

¶627

vi) In Mukesh Yadav v. State of U.P reported in 2018 (3) ADJ 611, the Allahabad High Court held that IRC Guidelines shall not be a basis for Rule 144. The learned Single Judge set aside the said decision on the contention that the same was not decided on the basis of public safety. The Single Judge ought to have seen that the Central Government in its legislative wisdom has not found it necessary to impose any restriction or condition in the grant of retail outlets and also no restrictions can be imposed in the nature of guidelines issued by State or its authorities.

¶628

During the course of hearing of the above appeals, learned

¶629

counsel for the appellants submitted that IRC guidelines, relied on by the State Government for grant of No Objection Certificate, have been

¶630

W.A.No.27/2020 & Conn. Cases

¶631

¶632

withdrawn by the Central Government by Notification No.28. Taking note of the withdrawal of IRC guidelines, on 23.1.2020, in W.A. No.86 of 2020 and connected cases, we passed the following order :

¶633

“W.A. Nos. 86, 87, 88, 89, 92, & 95 of 2020

¶634

Admit. Mr. N. Manoj Kumar, learned Special Government Pleader, takes notice for respondents 1 to 4. Sri. P. Gopinatha Menon, learned Senior Counsel, takes notice for the 5^th respondent.

¶635

W.P.(C) No. 18093 of 2019 & W.A. Nos. 27, 49, 58, 69, 70, 86, 87, 88, 89, 92, & 95 of 2020

¶636

W.P.(C) No. 18093 of 2019 is filed by Kerala State SC/ST Petroleum Dealers Association seeking a direction to respondents 1, 2 and 4 to desist from permitting erection of a petroleum retail outlet in a forbidden and impermissible land belonging to the 3^rd respondent in Sy. No. 23/1-1 of Kidangoor Village in Kottayam District on the State Highway 32 in Kidangoor-Koodalloor road, violating the Exts.P1 and P2 norms evolved by the Government of India and Ext.P3 judgment of the Hon'ble Supreme Court.

¶637

Pending disposal of W.P.(C) No. 18093 of 2019, the petitioner seeks for an interim direction to the second respondent not to grant NOC to the first respondent to establish a petroleum outlet in a forbidden and impermissible land belonging to the third respondent in Sy. No. 23/1-1 of Kidangoor Village in Kottayam District on the State Highway 32 in Kidangoor-Koodalloor road.

¶638

Instant writ appeals are filed challenging the judgment of the writ court which considered the inclusion of IRC guidelines and MORTH norms in the matter of considering the request for grant of 'No Objection Certificate' (NOC) as per

¶639

W.A.No.27/2020 & Conn. Cases

¶640

¶641

Rule 144 of the Petroleum Rules, 2002 and dismissed the writ petitions subject to the observations made in paragraph 21 of the judgment, which reads thus:

¶642

¶643

Today, when the matter came up for hearing, inviting the attention of this Court to the decision of Indian Roads Congress in IRC: 12-2009 in the Notification No. 28, Mr. Sri. P. Gopinatha Menon, learned Senior counsel appearing for the Bharath Petroleum Corporation Limited, and Mr. R. Sunil Kumar, learned counsel appearing for the appellants submitted that when the guidelines issued by

¶644

W.A.No.27/2020 & Conn. Cases

¶645

¶646

the IRC have been withdrawn, NOCs already granted should be allowed to operate.

¶647

Learned counsel appearing for the appellants submitted that the rivals claimants have filed writ petitions seeking stay of NOCs already granted. Learned Senior Government Pleader submitted that such rival claimants have no locus standi to challenge the NOC.

¶648

Be that as it may, the guidelines are withdrawn by Notification No.28, relevant portion of which reads thus:

¶649

“Notification No.28

¶650

Subject : Withdrawal of IRC:12-2016 “Unified Guidelines for Access Permission to Fuel Stations, Private properties, Rest Area Complexes and Such Other Facilities Along National Highways (Fourth Revision)” effective from 1^st December, 2019)

¶651

The IRC : 12-2016 “Unified Guidelines for Access Permission to Fuel Stations, Private Properties, Rest Area Complexes and such Other Facilities Along National Higways (Fourth Revision)” stands withdrawn with immediate effect.'

¶652

It is ordered that NOCs already granted by the competent authority should be given effect to.

¶653

In order to avoid multiplicity of proceedings and taking note of the decision in IRC: 12-2009 as per Notification No. 28 withdrawing the guidelines, we deem it fit to grant interim stay of the operation of the impugned judgment in the writ appeals and accordingly do so.

¶654

Post on 27.01.2020.”

¶655

Subsequently, the said order was made applicable to some other appeals also.

¶656

Inasmuch as IRC guidelines have been issued by an association/society registered under the Societies Registration Act, we

¶657

W.A.No.27/2020 & Conn. Cases

¶658

¶659

directed the State Government to respond to the grounds made in the writ appeals. Reverting, Mr. N. Manoj Kumar, learned Special Government Pleader submitted that Government have issued GO.(MS) No.16/2020/PWD dated 10.2.2020, and framed guidelines for ensuring

¶660

safety of roads and traffic and Norms and specifications have also been framed. For brevity, G.O. (M.S) No.16/2020/PWD dated 10.2.2020 is extracted :

¶661

“GOVERNMENT OF KERALA

¶662

Abstract

¶663

Public Works Department-ensuring safety of Roads and traffic Guidelines-orders issued.

¶664

PUBLIC WORKS (H) DEPARTMENT

¶665

G.O.(M.S)No.16/2020/PWD Dated,Thiruvananthapuram, 10.2.2020

¶666

Read 1. G.O. (M.S) No.46/2019/PWD dated 22.10.2020

¶667

Letter No.CE/Roads/PLG/16382 dated 06.02.2020 from

¶668

Chief Engineer, PWD (Roads)

¶669

O R D E R

¶670

As per the GO read as 1^st paper above, sanction was accorded for including IRC 12-2016 in the PWD Manual (Revised 2012) as appendix along with the other codes mentioned in the Manual. The IRC 12-2016 “Unified Guidelines for access permission to fuel station” has been withdrawn as per the notification No.28, effective from 1^st December, 2019 by the Government of India.

¶671

The Chief Engineer, PWD (Roads), as per the letter read as 2^nd paper above has requested to issue necessary guidelines and specifications for ensuring the safety of the roads and traffic

¶672

W.A.No.27/2020 & Conn. Cases

¶673

¶674

and stipulated norms for the same purpose on roads of PWD.

¶675

Government has examined the matter in detail and are pleased to approve the stipulated norms and specifications appended herewith for ensuring the safety of roads and traffic in Kerala.

¶676

The G.O. Read as 1^st paper above stands cancelled.

¶677

Necessary amendments will be made in the PWD Manual accordingly.

¶678

(By order of the Governor)

¶679

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.

¶680

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

¶681

W.A.No.27/2020 & Conn. Cases

¶682

¶683

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.

¶684

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

¶685

above.

¶686

Sd/S. Manikumar, Chief Justice

¶687

Sd/-

¶688

Shaji P. Chaly, Judge

¶689

sou.

¶690

W.A.No.27/2020 & Conn. Cases

¶691

¶692

APPENDIX OF WA 138/2020

¶693

PETITIONER'S EXHIBITS:

¶694

ANNEXURE 1 TRUE COPY OF THE DOCUMENT CONTAINING THE NOTIFICATION NO.8 WITHDRAWING THE IRC.12-2016 DATED 13.11.2019. ANNEXURE 2 TRUE COPY OF THE OFFICE MEMORANDUM NO.B-13011/1/2019-20/AQM DATED 7.1.2020 OF CENTRAL POLLUTION CONTROL BOARD.

¶695

W.A.No.27/2020 & Conn. Cases

¶696

¶697

APPENDIX OF WA 256/2020

¶698

PETITIONER'S EXHIBITS:

¶699

ANNEXURE A1 A TRUE COPY OF THE INTERIM ORDER DATED 23/09/2019 IN WP(C) NO. 25180/2019

¶700

ANNEXURE A2 A TRUE COPY OF THE NOC DATED 07/11/2019 ISSUED BY THE 1ST RESPONDENT.

¶701