Multiple writ petitions filed by individuals regarding fuel outlet allotments were disposed of by following the decision in W.P.(C) No.9881 of 2020 and connected matters, which were in favour of the petitioners.
Petitions disposed in tune with the orders/directions in W.P.(C) No.9881 of 2020 and connected cases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 11487 OF 2021
PETITIONER/S:
FASLU RAHMAN A P AGED 29 YEARS S/O. MUHAMMED ASHRAF, ANAPARAKKAL, ELETTIL, KOZHIKODE.
BY ADVS SRI.R.SUNIL KUMAR SMT.A SALINI LAL
RESPONDENT/S:
1 THE STATE OF KERALA
REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT, REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695003.
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
2
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.
BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL BY ADVS.SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2021, ALONG WITH W.P.(C)NO.12977/2021, W.P.(C)NO.13077/2021, W.P.(C)NO.15707/2021, W.P. (C)NO.16435/2021, W.P.(C)NO.16596/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 WP(C) NO. 12977 OF 2021
PETITIONER/S:
BINDU BENNY, AGED 46 YEARS
W/O. BENNY, KELANGATHU PUTHUSSERY HOUSE, SOUTH ADUVASSERY HOUSE, ERNAKULAM.
BY ADVS. SRI.R.SUNIL KUMAR SRI.ARUN KRISHNA SMT.A.SALINI LAL
RESPONDENT/S:
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
4
5 INDIAN OIL CORPORATION LIMITED, REP. BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM 695 008.
BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2021, ALONG WITH W.P.(C)NO.11487/2021, W.P.(C)NO.13077/2021, W.P.(C)NO.15707/2021, W.P. (C)NO.16435/2021, W.P.(C)NO.16596/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 WP(C) NO. 13077 OF 2021
PETITIONER/S:
ABDUL MAJEED V.K., AGED 55 YEARS S/O.LATE ABDULLA, VATTAKANDI HOUSE, VILLIAPPALLY, VATAKARA, KOZHIKODE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, MUHAMMED NAJIM, AGED 22 YEARS, S/O.ABDUL MAJEED.V.K., VATTAKANDI HOUSE, VILLIAPPALLY, VATAKARA, KOZHIKODE.
BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
6
5 THE NAYARA ENERGY LTD., TERRITORY SALES MANAGER, 6B, 6TH FLOOR, NOEL FOCUS, SEAPORT AIRPORT ROAD, CHITTETHUKARA, CSEZ P.O., KOCHI-682 037.
BY SRI. K.DILIP, STANDING COUNSEL BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2021, ALONG WITH W.P.(C)NO.11487/2021, W.P.(C)NO.12977/2021, W.P.(C)NO.15707/2021, W.P. (C)NO.16435/2021, W.P.(C)NO.16596/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 WP(C) NO. 15707 OF 2021
PETITIONER/S:
ARUN AJAYGHOSH AGED 25 YEARS S/O.AJAYGHOSH, VILANGATTIL HOUSE, MATTOOR, KALADY P.O., ERNAKULAM.
BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT/S:
1 THE STATE OF KERALA REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 KERALA PUBLIC WORKS DEPARTMENT REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003.
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
8
5 INDIAN OIL CORPORATION LIMITED REP. BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM - 695 008.
BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL SMT.PRINCY XAVIER, GOVERNMENT PLEADER
| THIS | WRIT | PETITION | (CIVIL) | HAVING | COME | UP FOR |
|---|---|---|---|---|---|---|
| ADMISSION | ON | 12.08.202 | 1, | ALONG | WITH | W.P. |
| (C)NO.11487 | /2021, | W.P | .(C)NO. | 12977/202 | 1, | W.P. |
| (C)NO.13077 | /2021, | W.P | .(C)NO. | 16435/202 | 1, | W.P. |
| (C)NO.16596 | /2021, | THE COURT | ON THE | SAME DAY | DELIVE | RED THE |
| FOLLOWING: |
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 16435 OF 2021
PETITIONER/S:
PRASANNA KUMARI AGED 45 YEARS
W/O. CASTRO XAVIER, SANTHOSH NIVAS, TWO ROAD JUNCTION, EAST KALLADA, KOLLAM.
BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT/S:
1 THE STATE OF KERALA REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT, REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695003.
4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691013.
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
10
5 BHARAT PETROLEUM CORPORATION LIMITED, REP. BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, KOCHI-682309.
BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2021, ALONG WITH W.P.(C)NO.11487/2021, W.P.(C)NO.12977/2021, W.P.(C)NO.13077/2021, W.P. (C)NO.15707/2021, W.P.(C)NO.16596/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 WP(C) NO. 16596 OF 2021
PETITIONER/S:
DELVIN BENNY, AGED 24 YEARS,
S/O. BENNY MATHEW, OODUVELIL HOUSE, MANJAPRA P.O., VADAKKENCHERY, PALAKKAD.
BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT/S:
4 THE DISTRICT COLLECTOR, PALAKKAD DISTRICT, COLLECTORATE, PALAKKAD-678013.
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
12
5 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPPILLY NAGAR P.O., KOCHI-682036.
BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL SMT.VINITHA B, GOVERNMENT PLEADER
| THIS | WRIT | PETITION | (CIVIL) | HAVING | COME | UP FOR |
|---|---|---|---|---|---|---|
| ADMISSION | ON | 12.08.202 | 1, | ALONG | WITH | W.P. |
| (C)NO.11487 | /2021, | W.P | .(C)NO. | 12977/202 | 1, | W.P. |
| (C)NO.13077 | /2021, | W.P | .(C)NO. | 15707/202 | 1, | W.P. |
| (C)NO.16435 | /2021, | THE COURT | ON THE | SAME DAY | DELIVE | RED THE |
| FOLLOWING: |
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
13
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
J U D G M E N T
The issues raised in these writ petitions are covered
in favour of the petitioners by the decision of this Court in W.P.
(C) No.9881 of 2020 and connected matters.
In the circumstances, the writ petitions are disposed
of in tune with the orders/directions in W.P.(C) No.9881 of 2020
and connected cases.
Sd/-
P.B.SURESH KUMAR, JUDGE
rkj
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
14
APPENDIX OF WP(C) 11487/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 9.3.19. Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER DATED 20.5.19. Exhibit P3 COPY OF THE G.O.(MS) NO.46/2019/PWD DATED 22.10.2019. Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. Exhibit P5 COPY OF THE G.O.(MS) NO.16/2020/PWD DATED 10.2.20. Exhibit P6 COPY OF THE JUDGMENT IN W.A.NO.27/2020 DATED 5.3.20. Exhibit P7 COPY OF THE GOVERNMENT ORDER NO.551/2020/PWD DATED 23.6.2020. Exhibit P8 COPY OF THE GOVERNMENT ORDER NO.555/2020/PWD DATED 24.6.2020. Exhibit P9 COPY OF THE GOVERNMENT ORDER NO.67/2020/PWD DATED 16.10.2020. Exhibit P10 TRUE COPY OF THE LETTER NO.PWDH1/429/2018 DATED 18.12.18. Exhibit P11 COPY OF THE LETTER RECEIVED UNDER RIGHT TO INFORMATION ACT. Exhibit P12 COPY OF THE LETTER ISSUED BY THE GOVERNMENT SECRETARY FOOD AND CIVIL SUPPLIES DATED 9.11.20.
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
15
APPENDIX OF WP(C) 12977/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 15/07/19. Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE DATED 10.7.20. Exhibit P3 COPY OF THE G.O.(MS) NO. 16/2020/PWD DATED 10/2/20.
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
16
APPENDIX OF WP(C) 13077/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 30.03.2019.
Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 03.04.2019. Exhibit P3 COPY OF THE GO(MS) NO.46/2019/PWD DATED 22.10.2019. Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF IRC12 -2016 DATED NIL. Exhibit P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10.02.20. Exhibit P6 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 05.03.20. Exhibit P7 COPY OF THE GOVERNMENT ORDER NO.551/2020/PWD DATED 23.06.2020. Exhibit P8 COPY OF THE GOVERNMENT ORDER NO.555/2020/PWD DATED 24.06.2020. Exhibit P9 COPY OF THE GOVERNMENT ORDER NO.67/2020/PWD DATED 16.10.2020. Exhibit P10 TRUE COPY OF THE LETTER NO.PWDH1/429/2018 DATED 18.12.18. Exhibit P11 COPY OF THE LETTER RECEIVED UNDER RIGHT TO INFORMATION ACT.
Exhibit P12 COPY OF THE LETTER ISSUED BY THE GOVERNMENT SECRETARY FOOD AND CIVIL SUPPLIES DATED 09.11.20.
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
17
APPENDIX OF WP(C) 15707/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 27/02/19. Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE DATED 12/3/20. Exhibit P3 COPY OF THE G.O.(MS) NO.16/2020/PWD DATED 10/2/20.
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
18
APPENDIX OF WP(C) 16435/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 7.3.2019.
Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 15.6.2019.
Exhibit P3 COPY OF THE G.O.(M.S.) NO.46/2019/PWD DATED 22.10.2019. Exhibit P4 COPY OF THE G.O.(MS) NO.16/2020/PWD DATED 10.2.20. Exhibit P5 COPY OF THE RELEVANT PAGES OF G.O.(MS) NO.67/2020/PWD DATED 16.10.2020.
W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021
19
APPENDIX OF WP(C) 16596/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 5.3.2019.
Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 7.6.2019.
Exhibit P3 COPY OF THE G.O.(M.S.) NO.46/2019/PWD DATED 22.10.2019. Exhibit P4 COPY OF THE G.O.(MS) NO.16/2020/PWD DATED 10.2.20. Exhibit P5 COPY OF THE RELEVANT PAGES OF G.O.(MS) NO.67/2020/PWD DATED 16.10.2020.
1 issue framed by the court
Whether the writ petitions should be disposed of in tune with the orders in W.P.(C) No.9881 of 2020
Colour shows how this judgement treated each authority
W.P.(C) No.9881 of 2020Followed¶121
W.P.(C) No.9881 of 2020 and connected matters
FASLU RAHMAN A P
THE STATE OF KERALA
KERALA PUBLIC WORKS DEPARTMENT
THE EXECUTIVE ENGINEER, PWD ROADS DIVISION
THE DISTRICT COLLECTOR
BHARAT PETROLEUM CORPORATION LTD.
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
