The Court disposed of the writ petition by directing respondents to extend the benefit of the judgment in connected cases (W.P.(C) No.9881 of 2020) to the petitioner regarding access for a petroleum retail outlet.
To extend the benefit of the judgment in W.P.(C) No.9881 of 2020 to the petitioner.
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
MONDAY, THE 4TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943
WP(C) NO. 12516 OF 2021
PETITIONER:
MUHAMMED BASID P.K AGED 27 YEARS S/O ABDURAHMAN P.K,POOLAKKAL KARATTUCHALI HOUSE, KUZHIMANNA P.O, MALAPPURAM-673641.
BY ADVS.
T.D.SUSMITH KUMAR, C.SIVADAS
RESPONDENTS:
BY ADVS.
M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI,JOSON MANAVALAN KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN B.VINITHA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12516 OF 2021
2
W.P.(C)No.12516 of 2021
J U D G M E N T
The issues raised by the petitioner in this writ petition are covered in favour of the petitioner by the decision of this Court in W.P.(C) No.9881 of 2020 and connected cases.
In the circumstances, the writ petition is disposed of directing the respondents to extend the benefit of the judgment in W.P.(C) No.9881 of 2020 and connected cases to the petitioner herein also.
Sd/-
P.B.SURESH KUMAR
JUDGE
Mn
WP(C) NO. 12516 OF 2021
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APPENDIX OF WP(C) 12516/2021
PETITIONER EXHIBITS
| Exhibit P1 | THE TRUE COPY OF THE APPLICATION FOR RETIAL OUTLET DEALERSHIP DATED 11.04 2019 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT. |
|---|---|
| Exhibit P2 | THE TRUE COPY OF THE LETTER OF INTENT DATED 03.09.219 ISSUED BY THE 5TH RESPONDENT. |
| Exhibit P3 | THE TRUE COPY OF THE APPLICATION FOR GRANTING NOC, DATED 04.11.2019 PREFERRED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT. |
| Exhibit P4 | THE TRUE COPY OF THE LETTER HAVING NO. A5.NOV.4290/2019 DATED 25/02/2020 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. |
| Exhibit P5 | THE TRUE COPY OF THE RELEVANT PAGES OF THE UNDATED IRC 12-2016 NORMS PUBLISHED BY THE INDIAN ROAD CONGRESS. |
| Exhibit P6 | THE TRUE COPY OF THE GOVERNMENT ORDER , G.O(MS) N0.67/2020/PWD DATED 16.10.2020 PROMULGATED BY THE 1ST RESPONDENT ALONG WITH THE PWD MANUAL WHEREIN APPENDED GUIDELINES FOR ACCESS PERMISSION TO FUEL STATION ALONG STATE HIGHWAYS (SH) AND MAJOR DISTRICT ROADS (MDR). |
| Exhibit P7 | THE TRUE COPY OF THE GOVERNMENT ORDER HAVING NO GO(MS) NO.46/2019/PWD DATED 22.10.2019. |
| Exhibit P8 | THE TRUE COPY OF THE LETTER HAVING NO.PWDH1/429/2018-PWD DATED 18/12/2018 ISSUED BY THE JOINT SECRETARY, PSD(H) DEPARTMENT. |
| Exhibit P9 | THE TRUE COPY OF THE NON-OBJECTION CERTIFICATE HAVING NO.E.5659/19 DATED 17.12.2019 ISSUED BY THE REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICES, KOZHIKODE. |
| Exhibit P10 | THE TRUE COPY OF THE CONSENT TO ESTABLISH PETROLEUM RETAIL OUTLET ISSUED BY ASSISTANT ENVIRONMENTAL ENGINEER HAVING FILE |
WP(C) NO. 12516 OF 2021
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NO.PCB/KKD/DO/11251/2021 DATED 14.06.2021. Exhibit P11 THE DOWNLOADED JUDGMENT DATED 06.10.2020 IN WPC NO.20454 OF 2020 FROM THE OFFICIAL WEBSITE OF THE HON'BLE COURT OF KERALA. Exhibit P12 THE DOWNLOADED JUDGMENT DATED 23.03.2021 IN WPC NO.7430 OF 2021 FROM THE OFFICIAL WEBSITE OF THE HON'BLE HIGH COURT OF KERALA.
1 issue framed by the court
Whether the benefit of the judgment in W.P.(C) No.9881 of 2020 and connected cases should be extended to the petitioner.
Colour shows how this judgement treated each authority
W.P.(C) No.9881 of 2020 and connected casesApplied¶23
Muhammad Basid P.K
State of Kerala
Kerala Public Work Department
The Executive Engineer P.W.D. Road Division
The District Collector
M/S. Bharat Petroleum Corporation Limited
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
