Allowed

Geo John v. the District Collector

Kerala HC16 Jan 2020WP(C)/1157/2020

Case brief

AI extract

What is this about?

Petitioner sought directions to prevent issuance of No Objection Certificate to the 6th respondent (Indian Oil Corporation Limited) for a retail petroleum outlet without complying with mandatory distance rules, IRC guidelines, and Ministry of Road Transport and Highways norms.

What did the court decide?

The Court directed Respondents 1 and 2 to consider compliance with Ext.P1 and IRC guidelines before granting the No Objection Certificate to the 6th respondent for the specified property.

Geo John Vs the District Collector — Writ and Judicial Review | 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 MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 16TH DAY OF JANUARY 2020 / 26TH POUSHA, 1941

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WP(C).No.1157 OF 2020

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PETITIONER:

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GEO JOHN AGED 54 YEARS

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S/O.C.V.JOHN,CHERUPARAMBIL(H), AVOLI,VAZHAKKULAM.P.O, MUVATTUPUZHA, PIN-686670.

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BY ADVS.

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SRI.K.R.VINOD SMT.M.S.LETHA KUM.K.S.SREEREKHA SRI.NABIL KHADER

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, PATTIMATTOM-MUVATTUPUZHA ROAD,PIN-686673.

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2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,PATTIMATTOM-MUVATTUPUZHA ROAD, PIN-686673.

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3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695036.

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4 THE DISTRICT SUPPLY OFFICER, FOOD AND CIVIL SUPPLIES DEPARTMENT, ERNAKULAM,PIN-682030.

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5 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM,PIN-695001.

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6 INDIAN OIL CORPORATION LIMITED, TRIVANDRUM DIVISIONAL OFFICE, REPRESENTED BY THE DEPUTY GENERAL MANAGER(RETAIL SALES),GROUND FLOOR, REMIER PARK,INCHAKKAL BYE PASS ROAD, VALLAKADAVU.P.O,THIRUVANANTHAPURAM, PIN-695008.

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SC. M.G.K. NAMBIAR AND GO SMT. PRINCY XAVIER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1157 OF 2020

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JUDGMENT

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This writ petition is filed seeking directions to the respondents not to grant No Objection Certificate to the 6^th respondent for starting a retail petroleum outlet without complying the mandatory distance rules and the norms under the guidelines of the Indian Road Congress and the MoRTH.

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Having heard the learned Standing Counsel also, I am of the opinion that in case No Objection Certificate has not been granted by the respondents so far, the same shall be granted only after complying with Ext.P1 as well as the IRC norms. There will, accordingly, be a direction to respondents 1 and 2 to consider the compliance with Ext.P1 as well as the IRC guidelines while considering the application for Non Objection Certificate submitted by the 6^th respondent for retail petroleum outlet in the property comprised in Sy.Nos.21/17, 21/18-1, 21/18-2 of Muvattupuzha Village, Muvattupuzha Taluk.

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This writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN JUDGE

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Bng/16.01.2020

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WP(C).No.1157 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE COPY OF THE GUIDELINES ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS. EXHIBIT P2 A TRUE COPY OF THE GOVERNMENT ORDER NO.46/2019/PWD DATED 22.10.2019. EXHIBIT P3 THE COPY OF JUDGMENT IN WP(C) NO.336222/2019 DATED 09.01.2020.

Geo John v. the District Collector

Case brief

What is this about?

What did the court decide?

Geo John v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

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Case details

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