Petitioner sought quashing of approval documents and issue of mandamus to prevent installation of an HPCL ATF tank farm. The court noted the unit was already installed and commissioned, rendering reliefs infructuous.
Writ petition dismissed as infructuous due to post-facto installation and commissioning of the unit.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.1332 OF 2014(S)
PETITIONER:
JAMES FERNANDEZ PEOPLE'S ACTION COUNCIL AGAINST HPCL ATF TANK PROJECT AT VALIYATHURA, RESIDING AT JC VILLA, VALIYATHOPPU, VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695 008.
BY ADVS. SHRI.THOMAS ABRAHAM ASWIN P JOHN SMT.MERCIAMMA MATHEW
RESPONDENTS:
W.P(C).1332/2014
2
7 MS. HINDUSTAN PETROLEUM CORPORATION LTD. HINDUSTAN BHAVAN, 8, SHOORJI VALLABHDAS MARG, MUMBAI, MAHARASHTRA-400 001.
8 STATION MANAGER HINDUSTAN PETROLEUM CORPORATION LTD., INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM-695 008.
9 SHRI. LAWRENCE JUSA NOS.704 & 707, LAKESIDE, RAHEJA VIHAR, POWAI, MUMBAI-400 072.
R1-2 BY STATE ATTORNEY R1-2 BY SRI. SURIN GEORGE IPE, SR. GOVT. PLEDER R3 BY ADV. SRI. T.NAVEEN , SC, KERALA STATE POLLUTION CONTROL BOARD R4 BY ADV. SRI.P.K.MANOJKUMAR R5 BY SRI. P. VIJAYAKUMAR, ASG OF INDIA R6 BY ADV. SRI.V.SANTHARAM BY ADV. SRI.N.NANDAKUMARA MENON SR. R7, 8 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R7, 8 BY ADV. SRI.P.BENNY THOMAS R7, 8 BY ADV. SRI.K.JOHN MATHAI R7, 8 BY SMT. RAMOLA R5 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).1332/2014
3
JUDGMENT
Dated this the 1st day of February, 2021
S. Manikumar, CJ.
Petitioner has sought for the following reliefs:
“i) Call for the records leading to Exhibit P1 to P5 and quash the same by issuing a writ of certiorari or any other appropriate writ order or direction.
ii) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent not to permit the 7th respondent company to install and run the AFT tank farm in the plot of land having an extent of 46 cents comprised in Survey Nos.1790/F 5-3 & 1790/F 5-4-2 of Petah Village, Thiruvananthapuram Taluk in Thiruvananthapuram District belonging to the 9th respondent.”
Abraham, learned counsel for the petitioner submitted that the reliefs sought for in this writ petition have become infructuous.
Placing on record the above, writ petition is dismissed as infructuous.
Sd/S. Manikumar, Chief Justice
Sd/Shaji P. Chaly, Judge
sou.
2 issues framed by the court
Whether the writ petition aiming to quash an HPCL ATF tank project installation is maintainable when the unit has already been installed and commissioned.
Whether the challenges to approval documents are viable post-commissioning of the facility.
James Fernandez People's Action Council
District Collector Trivandrum District
Director of Factories and Boilers
Environmental Engineer Kerala State Pollution Control Board
Trivandrum Corporation
Hindustan Petroleum Corporation Ltd.
S.Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
