Disposed

Bindu Benny, v. the State of Kerala

Kerala HC12 Aug 2021WP(C)/12977/2021

Case brief

AI extract

What is this about?

Six writ petitions challenging orders of public authorities were heard together. The Court disposed of all petitions in accordance with the decision in W.P.(C) No.9881 of 2020, holding that the issues raised are covered in favor of the petitioners by that precedent.

What did the court decide?

The writ petitions were disposed of in tune with the orders/directions in W.P.(C) No.9881 of 2020.

Bindu Benny, Vs the State of Kerala — Service and Employment | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12^TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943

¶4

WP(C) NO. 11487 OF 2021

¶5

PETITIONER/S:

¶6

FASLU RAHMAN A P AGED 29 YEARS S/O. MUHAMMED ASHRAF, ANAPARAKKAL, ELETTIL, KOZHIKODE.

¶7

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

¶8

RESPONDENT/S:

¶9

1 THE STATE OF KERALA

¶10

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

¶11

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

¶12

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

¶13

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

¶14

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶15

¶16

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.

¶17

BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL BY ADVS.SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN

¶18

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:

¶19

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶20

¶21

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶22

PRESENT

¶23

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶24

THURSDAY, THE 12^TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 WP(C) NO. 12977 OF 2021

¶25

PETITIONER/S:

¶26

BINDU BENNY, AGED 46 YEARS

¶27

W/O. BENNY, KELANGATHU PUTHUSSERY HOUSE, SOUTH ADUVASSERY HOUSE, ERNAKULAM.

¶28

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

¶29

RESPONDENT/S:

¶30

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

¶31

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

¶32

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ERNAKULAM 683 101.

¶33

4 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KUNNAPURAM, ERNAKULAM 682 030.

¶34

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶35

¶36

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.

¶37

BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER

¶38

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:

¶39

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶40

¶41

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶42

PRESENT

¶43

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12^TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 WP(C) NO. 13077 OF 2021

¶44

PETITIONER/S:

¶45

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.

¶46

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

¶47

RESPONDENT/S:

¶48

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

¶49

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

¶50

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

¶51

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶52

¶53

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

¶54

5 THE NAYARA ENERGY LTD., TERRITORY SALES MANAGER, 6B, 6TH FLOOR, NOEL FOCUS, SEAPORT AIRPORT ROAD, CHITTETHUKARA, CSEZ P.O., KOCHI-682 037.

¶55

BY SRI. K.DILIP, STANDING COUNSEL BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER

¶56

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:

¶57

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶58

¶59

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶60

PRESENT

¶61

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12^TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 WP(C) NO. 15707 OF 2021

¶62

PETITIONER/S:

¶63

ARUN AJAYGHOSH AGED 25 YEARS S/O.AJAYGHOSH, VILANGATTIL HOUSE, MATTOOR, KALADY P.O., ERNAKULAM.

¶64

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

¶65

RESPONDENT/S:

¶66

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

¶67

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

¶68

3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, ERNAKULAM - 683 101.

¶69

4 THE ADDITIONAL DISTRICT MAGISTRATE OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KUNNAPURAM, ERNAKULAM - 682 030.

¶70

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶71

¶72

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.

¶73

BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL SMT.PRINCY XAVIER, GOVERNMENT PLEADER

¶74

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:

¶75

W.P.(C)Nos.11487, 12977, 13077, 15707,

¶76

16435 and 16596 of 2021

¶77

¶78

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶79

PRESENT

¶80

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12^TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943

¶81

WP(C) NO. 16435 OF 2021

¶82

PETITIONER/S:

¶83

PRASANNA KUMARI AGED 45 YEARS

¶84

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

¶85

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

¶86

RESPONDENT/S:

¶87

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

¶88

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

¶89

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

¶90

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

¶91

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶92

¶93

5 BHARAT PETROLEUM CORPORATION LIMITED, REP. BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, KOCHI-682309.

¶94

BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL SMT.PRINCY XAVIER, GOVERNMENT PLEADER

¶95

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:

¶96

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶97

¶98

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶99

PRESENT

¶100

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12^TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 WP(C) NO. 16596 OF 2021

¶101

PETITIONER/S:

¶102

DELVIN BENNY, AGED 24 YEARS,

¶103

S/O. BENNY MATHEW, OODUVELIL HOUSE, MANJAPRA P.O., VADAKKENCHERY, PALAKKAD.

¶104

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

¶105

RESPONDENT/S:

¶106

1 THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001.

¶107

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

¶108

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

¶109

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

¶110

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶111

¶112

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

¶113

BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL SMT.VINITHA B, GOVERNMENT PLEADER

¶114

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:

¶115

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶116

¶117

W.P.(C)Nos.11487, 12977, 13077, 15707,

¶118

16435 and 16596 of 2021

¶119

J U D G M E N T

¶120

The issues raised in these writ petitions are covered

¶121

in favour of the petitioners by the decision of this Court in W.P.

¶122

¶123

In the circumstances, the writ petitions are disposed

¶124

of in tune with the orders/directions in W.P.(C) No.9881 of 2020

¶125

and connected cases.

¶126

Sd/-

¶127

P.B.SURESH KUMAR, JUDGE

¶128

rkj

¶129

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶130

¶131

APPENDIX OF WP(C) 11487/2021

¶132

PETITIONER EXHIBITS

¶133

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.

¶134

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶135

¶136

APPENDIX OF WP(C) 12977/2021

¶137

PETITIONER EXHIBITS

¶138

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.

¶139

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶140

¶141

APPENDIX OF WP(C) 13077/2021

¶142

PETITIONER EXHIBITS

¶143

Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 30.03.2019.

¶144

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.

¶145

Exhibit P12 COPY OF THE LETTER ISSUED BY THE GOVERNMENT SECRETARY FOOD AND CIVIL SUPPLIES DATED 09.11.20.

¶146

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶147

¶148

APPENDIX OF WP(C) 15707/2021

¶149

PETITIONER EXHIBITS

¶150

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.

¶151

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶152

¶153

APPENDIX OF WP(C) 16435/2021

¶154

PETITIONER EXHIBITS

¶155

Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 7.3.2019.

¶156

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.

¶157

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.

¶158

W.P.(C)Nos.11487, 12977, 13077, 15707, 16435 and 16596 of 2021

¶159

¶160

APPENDIX OF WP(C) 16596/2021

¶161

PETITIONER EXHIBITS

¶162

Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 5.3.2019.

¶163

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.

¶164

Bindu Benny, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Bindu Benny, v. the State of Kerala

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

Coram

Case details

Similar cases

V.V. Lazar Vs Vinod Kumar G

Shyam Raj P. Vs State of Kerala

Shiju.a.R., Vs Deputy Superintendent of Police

Yashodha Vs the State of Kerala

V.Somarajan Vs the State of Kerala

Faslu Rahman a P Vs State of Kerala