Partly allowed

Prasad T.M. v. the State of Kerala

Kerala HC5 Aug 2021WP(C)/25290/2020

Case brief

AI extract

What is this about?

Oil Marketing Companies and their fuel outlet franchisees challenged Kerala Government Orders prescribing access permission guidelines for fuel stations along State Highways and Major District Roads, which District Authorities were using to refuse NOCs. The Court held that access permission is governed by separate statutes and that the guidelines were framed arbitrarily without consultation, quash

What did the court decide?

Exts.P2 and P4 G.O.s and guidelines set aside; NOC rejections quashed; PWD NOC conditions declared void; reconsideration directed within two months; twelve connected petitions challenging NOC grants d

Prasad T.M. Vs the State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943

¶5

WP(C) NO. 9881 OF 2020

¶6

PETITIONER:

¶7

THOMMACHAN JACOB, AGED 40 YEARS, S/O.JACOB PHILIP, CHEMPUMTHARA, MAMPUZHAKARY, RAMANKARY, ALAPPUZHA.

¶8

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

¶9

RESPONDENTS:

¶10

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

¶11

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

¶12

3 THE EXECUTIVE ENGINEER, MUKHAMU PURAYIDOM-ZAKARIYA BAZAR, PALACE RD., ZACKARIA BAZAR, ALAPPUZHA, KERALA - 688 012.

¶13

4 THE DISTRICT COLLECTOR, ALAPPUZHA DIST., COLLECTORATE, ALAPPUZHA - 688 001.

¶14

5 THE NAYARA ENERGY LTD., TERRITORY SALES MANAGER, 6B, 6TH FLOOR, NOEL FOCUS, SEAPORT AIRPORT ROAD,

¶15

WP(C) Nos.9881/2020 & connected cases

¶16

: 2 :

¶17

CHITTETHUKARA, CSEZ P.O.,

¶18

KOCHI - 682 037.

¶19

R1-R4 ADDL A.G. SRI RANJITH THAMPAN R-R4 GOVT.PLEADER SRI P.NARAYANAN, SRI HARIN RAWAL (SR. SUPREME COURT ADVOCATE) FOR HINDUSTAN PETROLEUM CORPORATION LTD R5-SRI.K.DILIP

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).68/2021, 249/2021 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶21

WP(C) Nos.9881/2020 & connected cases

¶22

: 3 :

¶23

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶24

PRESENT

¶25

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶26

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943

¶27

WP(C) NO. 29361 OF 2019

¶28

PETITIONERS:

¶29

1 RAMACHANDRAN NAIR, AGED 70, S/O.KRISHNA PILLAI, VALLUR KOTTARATHIL, MANNAR, CHENGANNUR, ALAPPUZHA.

¶30

2 MADANESHWARAN, AGED 53, S/O.KUTTAPPAN, KUTTIYIL HOUSE, KUTTAMPEROOR, MANNAR, CHENGANNUR, ALAPPUZHA.

¶31

3 MOHAN KUMAR, AGED 63, S/O.KESHAVAN NAIR, MANAMEL, PANDANAD WEST, CHENGANNUR, ALAPPUZHA. BY ADVS. K.R.VINOD SMT.M.S.LETHA KUM.K.S.SREEREKHA SRI.NABIL KHADER

¶32

RESPONDENTS:

¶33

1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA - 688 001.

¶34

2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA - 688 001.

¶35

3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶36

4 THE DISTRICT SUPPLY OFFICER, FOOD AND CIVIL SUPPLIES DEPARTMENT, ALAPPUZHA - 688 001.

¶37

5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT,

¶38

WP(C) Nos.9881/2020 & connected cases

¶39

: 4 :

¶40

THIRUVANANTHAPURAM – 695 001.

¶41

6 HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD, MUMBAI - 400 020.

¶42

7 BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHAIRMAN, BHARAT BHAVAN, 4 & 6 CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI - 400 001.

¶43

8 INDIAN OIL CORPORATION LTD., REPRESENTED BY ITS CHAIRMAN, INDIAN OIL BHAVAN, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI- 400 051.

¶44

9 PRASAD G.KARNAVAR, AGED 50, S/O.GOPALAKRISHNA PANICKER, SREE VILASAM, BUDHANOR P.O., CHENGANNUR, ALAPPUZHA, PIN - 689 510.

¶45

10 SANTHOSH GEORGE, AGED 50, S/O.GEORGE, KURICHIYIL HOUSE, PAYIPPAD P.O., HARIPAD, ALAPPUZHA - 690 514.

¶46

11 VEENA T.D., AGED 40, W/O.RAHUL, PADMASREE, PARUMALA, PATHANAMTHITTA - 689 626.

¶47

BY ADVS. SRI. RANJITH THAMPAN, ADDL.A.G. SRI.P.NARAYANAN, SENIOR GOVT.PLEADER SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM

¶48

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶49

WP(C) Nos.9881/2020 & connected cases

¶50

: 5 :

¶51

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶52

PRESENT

¶53

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶54

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 33640 OF 2019

¶55

PETITIONER:

¶56

MUHAMMED RAFEEQ, AGED 27, S/O. HAMEED KOMU, KADAVIL HOUSE, PONJASSERY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683 547.

¶57

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

¶58

RESPONDENTS:

¶59

1 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KUNNUMPURAM, KAKKANAD, ERNAKULAM-682 030.

¶60

2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE O THE DISTRICT COLLECTOR, CIVIL STATION, KUNNUMPURAM, KAKKANAD, ERNAKULAM-682 030.

¶61

3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695 036.

¶62

4 THE DISTRICT SUPPLY OFFICER, FOOD AND CIVIL SUPPLIES DEPARTMENT, ERNAKULAM, PIN-682 030.

¶63

WP(C) Nos.9881/2020 & connected cases

¶64

: 6 :

¶65

5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

¶66

6 HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY THE CHIEF REGIONAL MANAGER (RETAIL), P.B.NO.1601, ERNAKULAM NORTH P.O., KOCHI-682 018.

¶67

BY ADVS. R1-R5 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R5 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R6 SRI.M.GOPIKRISHNAN NAMBIAR R6 SRI.K.JOHN MATHAI R6 SRI.JOSON MANAVALAN R6 SRI.KURYAN THOMAS R6 SRI.PAULOSE C. ABRAHAM

¶68

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶69

WP(C) Nos.9881/2020 & connected cases

¶70

: 7 :

¶71

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶72

PRESENT

¶73

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶74

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 35036 OF 2019

¶75

PETITIONER:

¶76

RAGISH A., AGED 40, S/O. AYYAPPANKUTTY, VATTAPARAMBIL HOUSE, KOTHAMANGALAM, PIN 686 691.

¶77

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

¶78

RESPONDENTS:

¶79

1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVILS TATION, KAKKANAD, ERNAKULAM, PIN 682 030.

¶80

2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN 682 030.

¶81

3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM PIN 695 001.

¶82

4 THE DISTRICT SUPPLY OFFICER, FOOD AND CIVIL SUPPLIES DEPARTMENT, ERNAKULAM PIN 682 030.

¶83

WP(C) Nos.9881/2020 & connected cases

¶84

: 8 :

¶85

5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN 695 001.

¶86

6 HINDUSTHAN PETROLEUM CORPORATION LTD, PB NO. 1601, ERNAKULAM NORTH P.O., KOCHI 682 018, REPRESENTED BY ITS REGIONAL MANAGER.

¶87

BY ADVS.

¶88

R1-R5 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R5 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R6 SRI.M.GOPIKRISHNAN NAMBIAR R6 SRI.K.JOHN MATHAI R6 SRI.JOSON MANAVALAN R6 SRI.KURYAN THOMAS R6 SRI.PAULOSE C. ABRAHAM

¶89

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶90

WP(C) Nos.9881/2020 & connected cases

¶91

: 9 :

¶92

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶93

PRESENT

¶94

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶95

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 35334 OF 2019

¶96

PETITIONER:

¶97

PUSHKARAN NAIR, AGED 65, S/O.R.THRIVIKRAMAN PILLA, ARUN KRISHNA, CHETTACHAL P.O., THOLICODE, THIRUVANANTHAPURAM, PIN - 695 551.

¶98

BY ADVS. K.R.VINOD KUM.K.S.SREEREKHA SRI.NABIL KHADER SMT.V.KRISHNA BINDU

¶99

RESPONDENTS:

¶100

1 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, THIRUVANANTHAPURAM, PIN - 695 035.

¶101

2 THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION, THIRUVANANTHAPURAM, PIN - 695 035.

¶102

3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 001.

¶103

4 THE DISTRICT SUPPLY OFFICER, FOOD AND CIVIL SUPPLIES DEPARTMENT, ERNAKULAM – 682 030.

¶104

5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT,

¶105

WP(C) Nos.9881/2020 & connected cases

¶106

: 10 :

¶107

THIRUVANANTHAPURAM, PIN - 695 001.

¶108

6 BHARAT PETROLEUM CORPORATION LTD., ERNAKULAM RETAIL TERRITORY OFFICE, IRUMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRUMPANAM P.O., KOCHI - 682 309, REPRESENTED BY ITS CHIEF REGIONAL OFFICER.

¶109

¶110

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶111

WP(C) Nos.9881/2020 & connected cases

¶112

: 11 :

¶113

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶114

PRESENT

¶115

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶116

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 3549 OF 2020

¶117

PETITIONER:

¶118

R.PRAKASH, AGED 61, S/O.RAMAKRISHNAN, PERUMAALVILA VEEDU, CHERUKKUNNAM, VARKALA, PIN-695 141.

¶119

BY ADVS. K.R.VINOD M.S.LETHA K.S.SREEREKHA NABIL KHADER

¶120

RESPONDENTS:

¶121

1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN-692 043.

¶122

2 THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN-692 043.

¶123

3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

¶124

4 THE DISTRICT SUPPLY OFFICER, FOOD AND CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

¶125

WP(C) Nos.9881/2020 & connected cases

¶126

: 12 :

¶127

5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

¶128

6 BHARAT PETROLEUM CORPORATION LTD., ERNAKULAM TERRITORY OFFICE (RETAIL), IRIMPANAM INSTALLATION, KOCHI, PIN-682309, REPRESENTED BY ITS TERRITORY MANAGER (RETAIL).

¶129

ADDL.7 BEENA MADHAVAN PILLAI, AGED 47 YEARS, W/O.AJITHKUMAR, TC15/1469, KARHIKA, LALBAG ROAD, THYCAUD P.O., THIRUVANANTHAPRUAM

¶130

[ADDLR7 IS IMPLEADED AS PER ORDER DATED 05.08.2021 IN I.A.NO.1/2020 IN WP(C)NO.3549/2020]

¶131

BY ADVS. R1-R5 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R5 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R6-SRI.M.GOPIKRISHNAN NAMBIAR R6-SRI.K.JOHN MATHAI R6-SRI.JOSON MANAVALAN R6-SRI.KURYAN THOMAS R6-SRI.PAULOSE C. ABRAHAM ADDL.R7-R.SUNIL KUMAR ADDL.R7-SMT.A.SALINI LAL

¶132

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶133

WP(C) Nos.9881/2020 & connected cases

¶134

: 13 :

¶135

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶136

PRESENT

¶137

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶138

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 4607 OF 2020

¶139

PETITIONER:

¶140

UNNIKRISHNAN, AGED 37, S/O. SIVAN, PARAPPAYIL HOUSE, SOUTH ADUVASSERRY P.O., KUNNUKKARA, PARAVUR, 683 578.

¶141

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

¶142

RESPONDENTS:

¶143

1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM 682 030.

¶144

2 THE ADDITIONAL DISTRICT MAGISTRAE, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM 682 030.

¶145

3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM 695 036.

¶146

4 THE DISTRICT SUPPLY OFFICER, FOOD AND CIVIL SUPPLIES DEPARTMENT, ERNAKULAM 682 030.

¶147

5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT THIRUVANANTHAPURAM 695 001.

¶148

WP(C) Nos.9881/2020 & connected cases

¶149

: 14 :

¶150

6 BENNY P.J., AGED 47, S/O. JOSE, KELANGATHUPUTHUSSERRY HOUSE, SOUTH ADUVASSERRY P.O., KUNNUKKARA, PARAVUR, 683 578.

¶151

7 BINDHU BENNY, AGED 45, W/O. BENNY, KELANGATHUPUTHUSSERRY HOUSE, SOUTH ADUVASSERRY P.O., KUNNUKKARA, PARAVUR, 683 578.

¶152

BY ADVS. R1-R5 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R5 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R6-R7 SRI.T.N.MANOJ R6-R7 SRI.UNNIKRISHNAN.S.

¶153

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶154

WP(C) Nos.9881/2020 & connected cases

¶155

: 15 :

¶156

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶157

PRESENT

¶158

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶159

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 4614 OF 2020

¶160

PETITIONER:

¶161

LAISA SHAJI, AGED 51, W/O. SHAJI, NJALOOR HOUSE, MEENMUTTY, EDAVETTY.P.O., THODUPUZHA,PIN-685 588

¶162

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

¶163

RESPONDENTS:

¶164

1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, IDUKKI, PIN-685 601.

¶165

2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, IDUKKI, PIN-685 601.

¶166

3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695 036

¶167

4 THE DISTRICT SUPPLY OFFICER FOOD AND CIVIL SUPPLIES DEPARTMENT, IDUKKI,PIN-685 602.

¶168

5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM,PIN-695 001.

¶169

WP(C) Nos.9881/2020 & connected cases

¶170

: 16 :

¶171

6 BHARAT PETROLEUM CORPORATION LTD., ERNAKULAM TERRITORY OFFICE (RETAIL), IRUMPANANM INSTALLATION, KOCHI,PIN-682 309, REPRESENTED BY ITS TERRITORY MANAGER (RETAIL)

¶172

ADDL.7 VIPIN K.V., S/O.VASU, AGED 35, KANAYAM, KOTTUCHALIL, 1318, PERUVAMPADAM, EDAVANNA P.O. 679 329, NILAMPUR, MALAPPURAM DIST.

¶173

]ADDL.R7 IS IMPLEADED AS PER ORDER DATED 05.08.2021 IN I.A.NO.1/2020 IN WP(C)NO.4614/2020]

¶174

¶175

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶176

WP(C) Nos.9881/2020 & connected cases

¶177

: 17 :

¶178

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶179

PRESENT

¶180

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶181

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 8075 OF 2020

¶182

PETITIONER:

¶183

1 SHEELA CHINNAN, AGED 58 YEARS, W/O. PRIYAN T.ABRAHAM, THURUTHIYIL, KADUNGAMANGALAM, KUREEKKAD, ERNAKULAM-682 305.

¶184

2 SHAJI K BABY, AGED 51 YEARS, S/O K.M. BABY, KABALEESWARATH, KADUNGAMANGALAAM P.O., KUREEKAD VILLAGE, KANAYANNUUR, ERNAKULAM-682 305.

¶185

3 JOY T ABRAHAM, AGED 66 YEARS, S/O ALEYAMMA JOY, THURUTHIYIL, KADUNGAMANGALAM, THIRUVANKULAM, KUREEKKAD, ERNAKULAM DISTRICT, PIN-682 305. BY ADVS. BIBIN K.DIVAKARAN L.RAJESH NARAYAN C.C.ANOOP

¶186

RESPONDENTS:

¶187

1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI-110 003.

¶188

2 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶189

WP(C) Nos.9881/2020 & connected cases

¶190

: 18 :

¶191

3 CENTRAL POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN, PARIVESH BHAWAN, CBD-CUM-OFFICE COMPLEX, EAST ARJUN NAGAR, DELHI-110032.

¶192

4 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, PATTOM P.O., THIRUVANANTHAPURAM-695 004.

¶193

5 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD P.O., ERNAKULAM DISTRICT-682 030.

¶194

6 ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KAKKANAD P.O., ERNAKULAM DISTRICT-682 030.

¶195

7 INDIAN OIL CORPORATION LIMITED, COCHIN DIVISION OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O., ERNAKULAM, KOCHI-682 036, REPRESENTED BY ITS AUTHORISED OFFICER.

¶196

8 MATHEW KURIAN N., S/O KURIAN, NJALIYATH HOUSE, KUREEKKAD VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682 305.

¶197

BY ADVS. R1-SRI.T.V.VINU, CGC R2,R5&R6 SRI. RANJITH THAMPAN, ADDL.A.G. R2,R5&R6 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R7-SRI.M.GOPIKRISHNAN NAMBIAR R7-SRI.K.JOHN MATHAI R7-SRI.JOSON MANAVALAN R7-SRI.KURYAN THOMAS R7-SRI.PAULOSE C. ABRAHAM R8-SRI.RAJESH VIJAYENDRAN R8-SHRI.SHEEN JOSE

¶198

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶199

WP(C) Nos.9881/2020 & connected cases

¶200

: 19 :

¶201

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶202

PRESENT

¶203

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶204

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 9008 OF 2020

¶205

PETITIONERS:

¶206

RAGISH A., AGED 41, S/O. C. K. AYYAPPANKUTTY, VATTAPARAMBIL HOUSE, KOTHUKUZHY, KOTHAMANGALAM, PIN – 686 691.

¶207

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

¶208

RESPONDENTS:

¶209

1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM, PIN – 682 030.

¶210

2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM, PIN – 682 030.

¶211

3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM - 695 036.

¶212

4 THE DISTRICT SUPPLY OFFICER, FOOD AND CIVIL SUPPLIES DEPARTMENT, ERNAKULAM, PIN - 682 030.

¶213

5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 001.

¶214

WP(C) Nos.9881/2020 & connected cases

¶215

: 20 :

¶216

6 CENTRAL POLLUTION CONTROL BOARD, PARIWESH BHAVAN, CBD CUM OFFICE COMPLEX, EAST ARJUN NAGAR, DELHI, PIN – 110 032, REPRESENTED BY ITS CHAIRMAN.

¶217

7 KERALA STATE POLLUTION CONTROL BOARD, KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., THIRUVANANTHAPURAM - 695 004, REPRESENTED BY ITS CHAIRMAN.

¶218

8 INDIAN OIL CORPORATION LIMITED, TRIVANDRUM DIVISIONAL OFFICE, REPRESENTED BY THE DEPUTY GENERAL MANAGER (RETAIL SALES), GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKADAVU P. O., THIRUVANANTHAPURAM, PIN - 695 008.

¶219

9 JIJI PAUL, D/O. PAUL, PUTHUSSERRYKUDIYIL HOUSE, KAVALANGADU, NELLIMATTOM P. O., PIN - 686 691.

¶220

BY ADVS. R1-R5 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R5 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R6-SRI.S.SUJIN R8-SRI.M.GOPIKRISHNAN NAMBIAR R8-SRI.K.JOHN MATHAI R8-SRI.JOSON MANAVALAN R8-SRI.KURYAN THOMAS R8-SRI.PAULOSE C. ABRAHAM

¶221

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021,DELIVERED THE FOLLOWING:

¶222

WP(C) Nos.9881/2020 & connected cases

¶223

: 21 :

¶224

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶225

PRESENT

¶226

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶227

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 10452 OF 2020

¶228

PETITIONER:

¶229

ELSAMMA SABU, AGED 56 YEARS, W/O. M. SABU, KOOVANAL HOUSE, CHEMPU P.O., VAIKOM, KOTTAYAM.

¶230

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

¶231

RESPONDENTS:

¶232

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

¶233

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

¶234

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, CIVIL STATION, KOTTAYAM 686 001.

¶235

4 THE DISTRICT COLLECTOR, KOTTAYAM DIST., COLLECOTRATE, KOTTAYAM 686 001.

¶236

5 BHARAT PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS REGIONAL MANAGER,

¶237

WP(C) Nos.9881/2020 & connected cases

¶238

: 22 :

¶239

ERNAKULAM TERRITORY, IRIMPANAM,COCHIN 682 309.

¶240

¶241

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.201 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶242

WP(C) Nos.9881/2020 & connected cases

¶243

: 23 :

¶244

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶245

PRESENT

¶246

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶247

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 10649 OF 2020

¶248

PETITIONER:

¶249

MAHESH E.M., AGED 36 YEARS, S/O. MANIVARNAN, EDATTUKUNNEL, PLASSANAL P.O., KOTTAYAM. BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL

¶250

RESPONDENTS:

¶251

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

¶252

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

¶253

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, CIVIL STATION, KOTTAYAM 686 001.

¶254

4 THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM 686 001.

¶255

5 HINDUSTAN PETROLEUM CORPORATION LTD, REP. BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O., P. B. NO. 1601, COCHIN 682 018.

¶256

BY ADVS.

¶257

R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-SRI.M.GOPIKRISHNAN NAMBIAR R5-SRI.K.JOHN MATHAI R5-SRI.JOSON MANAVALAN R5-SRI.KURYAN THOMAS R5-SRI.PAULOSE C. ABRAHAM

¶258

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶259

WP(C) Nos.9881/2020 & connected cases

¶260

: 24 :

¶261

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶262

PRESENT

¶263

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶264

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 10816 OF 2020

¶265

PETITIONER:

¶266

SHAJEENA Y.L., AGED 48 YEARS, W/O. FAISI, FAISI MANDIRAM, THADICAUD P.O., ANCHAL, KOLLAM. BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL

¶267

RESPONDENTS:

¶268

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

¶269

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

¶270

3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, BEACH ROAD, KOLLAM-691 001.

¶271

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

¶272

5 HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O., PB NO.1601,COCHIN-682 018.

¶273

BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-SRI.M.GOPIKRISHNAN NAMBIAR R5-SRI.K.JOHN MATHAI R5-SRI.JOSON MANAVALAN R5-SRI.KURYAN THOMAS R5-SRI.PAULOSE C. ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.042021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶274

WP(C) Nos.9881/2020 & connected cases

¶275

: 25 :

¶276

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶277

PRESENT

¶278

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶279

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11085 OF 2020

¶280

PETITIONER:

¶281

SAJI SALIM, AGED 40 YEARS, W/O. MUHAMMED HANEEFA SAKEER HUSSIAN, VETTANCHIRA VEEDU, POREDAM,KOLLAM

¶282

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

¶283

RESPONDENTS:

¶284

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

¶285

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

¶286

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691 001.

¶287

4 THE DISTRICT COLLECTOR, KOLLAM DIST,COLLECTORATE, KOLLAM-691 013.

¶288

5 BHARAT PETROLEUM CORPORATION LIMITED, REP BY IS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY,

¶289

WP(C) Nos.9881/2020 & connected cases

¶290

: 26 :

¶291

IRMPANAM, COCHIN-682 309

¶292

¶293

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶294

WP(C) Nos.9881/2020 & connected cases

¶295

: 27 :

¶296

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶297

PRESENT

¶298

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11212 OF 2020

¶299

PETITIONER:

¶300

KANNAN KUTTY NADI, AGED 59 YEARS, S/O. NADI KARA, SREE VALSAM, KARUVAMBRAM P.O., NEAR JTS, MANJERI, MALAPPURAM.

¶301

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

¶302

RESPONDENTS:

¶303

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

¶304

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

¶305

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, MALAPPURAM-676504.

¶306

4 THE DISTRICT COLLECTOR, MALAPPURAM, COLLECTORATE, MALAPPURAM 676 121.

¶307

WP(C) Nos.9881/2020 & connected cases : 28 :

¶308

5 BHARAT PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, CALICUT TERRITORY, 3RD FLOOR, CEEKAY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011.

¶309

¶310

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶311

WP(C) Nos.9881/2020 & connected cases

¶312

: 29 :

¶313

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶314

PRESENT

¶315

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11338 OF 2020

¶316

PETITIONER:

¶317

SANIL KUMAR P.V., AGED 40 YEARS, S/O.ANANDAN NAMBIAR, PUTHEN VEEDU, CHAVASSERY, KANNUR.

¶318

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

¶319

RESPONDENTS:

¶320

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

¶321

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

¶322

3 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PWD ROADS DIVISION, KANNUR-670 013.

¶323

4 THE DISTRICT COLLECTOR, KANNUR DIST., COLLECTORATE, KANNUR-670002.

¶324

WP(C) Nos.9881/2020 & connected cases

¶325

: 30 :

¶326

5 BHARAT PETROLEUM CORPOATION LTD., REP BY ITS CHIEF REGIONAL MANAGER, CALICUT TERRITORY OFFICE 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA KANNUR ROAD, NADAKKAVU WEST, CALICUT-673011

¶327

¶328

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶329

WP(C) Nos.9881/2020 & connected cases

¶330

: 31 :

¶331

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶332

PRESENT

¶333

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶334

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11353 OF 2020

¶335

PETITIONER:

¶336

ELIZABETH JOSE, AGED 38 YEARS, W/O. BIJO BABU, PAYINGOTTU HOUSE, POOVATHOLY, MANIMALA, KOTTAYAM.

¶337

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

¶338

RESPONDENTS:

¶339

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

¶340

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

¶341

3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, KOTTAYAM-686 001.

¶342

4 THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM-686 001.

¶343

5 INDIAN OIL CORPORATION LIMITED, REP. BY ITS DEPUTY GENERAL MANAGER,

¶344

WP(C) Nos.9881/2020 & connected cases

¶345

: 32 :

¶346

GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695 008.

¶347

¶348

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶349

WP(C) Nos.9881/2020 & connected cases

¶350

: 33 :

¶351

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶352

PRESENT

¶353

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶354

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11424 OF 2020

¶355

PETITIONER:

¶356

MARY DASY, AGED 35 YEARS, W/O.SANJOSE, ADHIKARAM HOUSE, KALATHUKADAVU P.O., PLASSANAL, KOTTAYAM. BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL

¶357

RESPONDENTS:

¶358

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

¶359

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

¶360

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM-686001.

¶361

4 THE DISTRICT COLLECTOR, KOTTAYAM DIST. COLLECTORATE, KOTTAYAM-686001.

¶362

5 INDIAN OIL CORPORATION LIMITED, REP. BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695008. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-SRI.M.GOPIKRISHNAN NAMBIAR R5-SRI.K.JOHN MATHAI R5-SRI.JOSON MANAVALAN R5-SRI.KURYAN THOMAS R5-SRI.PAULOSE C. ABRAHAM

¶363

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶364

WP(C) Nos.9881/2020 & connected cases

¶365

: 34 :

¶366

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶367

PRESENT

¶368

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶369

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11449 OF 2020

¶370

PETITIONER:

¶371

SUMITHRA KRISHNAN, AGED 33 YEARS, W/O. SURESH,136/7, ANNA NAGAR, MELTHALAYATTIMUND, UDHAGAMANDALAM, NILGIRI, TAMIL NADU.

¶372

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

¶373

RESPONDENTS:

¶374

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

¶375

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

¶376

3 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PWD ROADS DIVISION, KANNUR-670013.

¶377

4 THE DISTRICT COLLECTOR, KANNUR DIST., COLLECTORATE, KANNUR-670 002.

¶378

5 HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER,

¶379

WP(C) Nos.9881/2020 & connected cases

¶380

: 35 :

¶381

KOZHIKODE RETAIL REGIONAL OFFICE, WEST HILL CHUNGAM, KOZHIKODE P O, 673005.

¶382

¶383

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶384

WP(C) Nos.9881/2020 & connected cases

¶385

: 36 :

¶386

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶387

PRESENT

¶388

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶389

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11652 OF 2020

¶390

PETITIONER:

¶391

SHAJAHAN E., AGED 57 YEARS, S/O EBRAHIMKUTTY, ARAYATHU PUTHENVEEDU, PANMANA,VADAKKUMTHALA EAST, KOLLAM.

¶392

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

¶393

RESPONDENTS:

¶394

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

¶395

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

¶396

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, MALAPPURAM-676121.

¶397

4 THE DISTRICT COLLECTOR, KOLLAM DIST. COLLECTORATE,KOLLAM-676504.

¶398

5 NAYARA ENERGY LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, 6B, 6TH FLOOR, NOEL FOCUS, SEAPORT-AIRPORT ROAD, CHITTETHUKARA, CSEZ P.O, KOCHI-682037. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-BY ADV SRI.K.DILIP

¶399

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.201, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶400

WP(C) Nos.9881/2020 & connected cases

¶401

: 37 :

¶402

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶403

PRESENT

¶404

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶405

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11765 OF 2020

¶406

PETITIONER:

¶407

NOUSHAD K.V., S/O.A.V.AHAMMED, NEAR POST OFFICE, MADAYI, PUTHIYANGADI P.O., KANNUR-670 304. BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL

¶408

RESPONDENTS:

¶409

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

¶410

2 THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR-670 002.

¶411

3 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PUBLIC WORKS DEPARTMENT, KANNUR-670 013.

¶412

4 HINDUSTAN PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGIONAL OFFICE, WEST HILL CHUNGAM, KOZHIKODE-673005. BY ADVS. R1-R3 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R3 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R4-SRI.M.GOPIKRISHNAN NAMBIAR R4-SRI.K.JOHN MATHAI R4-SRI.JOSON MANAVALAN R4-SRI.KURYAN THOMAS R4-SRI.PAULOSE C. ABRAHAM

¶413

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶414

WP(C) Nos.9881/2020 & connected cases

¶415

: 38 :

¶416

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶417

PRESENT

¶418

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶419

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11862 OF 2020

¶420

PETITIONER:

¶421

SUNIL KUMAR AMMANKOVIL, AGED 39 YEARS, S/O.NARAYANAN AMMANKOVIL, THAMARAMKULNAGARA, EDAT.P.O, KANNUR. BY ADVS. R.SUNIL KUMAR A.SALINI LAL

¶422

RESPONDENTS:

¶423

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

¶424

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

¶425

3 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PWD ROADS DIVISION, KANNUR-670013

¶426

4 THE DISTRICT COLLECTOR, KANNUR DIST, COLLECTORATE, KANNUR-670 002

¶427

5 HINDUSTAN PETROLEUM CORPORATION LTD., REP BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGIONAL OFFICE, WEST HILL CHUNGAM, KOZHIKODE.P.O, 673005 R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-SRI.M.GOPIKRISHNAN NAMBIAR R5-SRI.K.JOHN MATHAI R5-SRI.JOSON MANAVALAN R5-SRI.KURYAN THOMAS R5-SRI.PAULOSE C. ABRAHAM

¶428

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶429

WP(C) Nos.9881/2020 & connected cases

¶430

: 39 :

¶431

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶432

PRESENT

¶433

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶434

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11873 OF 2020

¶435

PETITIONER:

¶436

K.S.NARAYANAN NAMBOOTHIRI, AGED 73 YEARS, S/O. N SUBRAMANION NAMBOOTHIRI, KALLAMPPALLIL ILLAM, KUMMANNOOR, KIDANGOOR, KOTTAYAM.

¶437

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

¶438

RESPONDENTS:

¶439

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

¶440

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

¶441

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM-696001.

¶442

4 THE DISTRICT COLLECTOR, KOTTAYAM DIST., COLLECTORATE, KOTTAYAM-686001.

¶443

5 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK,

¶444

WP(C) Nos.9881/2020 & connected cases

¶445

: 40 :

¶446

INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P O, THIRUVANANTHAPURAM-695008.

¶447

¶448

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶449

WP(C) Nos.9881/2020 & connected cases

¶450

: 41 :

¶451

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶452

PRESENT

¶453

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶454

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11876 OF 2020

¶455

PETITIONER:

¶456

BINDHU VELAYUDHAN, AGED 42 YEARS, W/O. VELAYUDHAN, MARUDAN HOUSE, KAMBALAKKALLU, VAZIKKADAVU, NILAMBUR, MALAPPURAM.

¶457

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

¶458

RESPONDENTS:

¶459

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

¶460

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

¶461

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MALAPPURAM-676 505

¶462

4 THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM DIST-676 505

¶463

5 BHARAT PETROLEUM CORPORATION LTD, REP. BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKAY TOWERS, VANDIPETTA,

¶464

WP(C) Nos.9881/2020 & connected cases

¶465

: 42 :

¶466

KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011

¶467

¶468

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶469

WP(C) Nos.9881/2020 & connected cases

¶470

: 43 :

¶471

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶472

PRESENT

¶473

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶474

THURSDAY, THE 5^TH DAY OF AUGUST 2021/4TH SRAVANA, 1943 WP(C) NO. 11878 OF 2020

¶475

PETITIONER:

¶476

UNNIKRISHNAN, AGED 58 YEARS, S/O. RAMAN, KALLAMPARAMBIL HOUSE, CHERUCODE, PORUR, CHATHANGOTTUPURAM, MALAPPURAM.

¶477

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

¶478

RESPONDENTS:

¶479

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

¶480

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

¶481

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MALAPPURAM-676505.

¶482

4 THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM DISTRICT-676505.

¶483

5 BHARAT PETROLEUM CORPORATION LTD, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKAY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST CALICUT-673011.

¶484

WP(C) Nos.9881/2020 & connected cases

¶485

: 44 :

¶486

¶487

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶488

WP(C) Nos.9881/2020 & connected cases

¶489

: 45 :

¶490

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶491

PRESENT

¶492

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶493

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11879 OF 2020

¶494

PETITIONER:

¶495

ANSITHA AKBER, AGED 24 YEARS, W/O.AKBER, ZEENATH MANZIL, BABU NAGAR, VADAKKUMANNAM, MANNARKAD, PALAKKAD. BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL

¶496

RESPONDENTS:

¶497

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

¶498

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

¶499

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

¶500

4 BHARAT PETROLEUM CORPORATION LTD, REP.BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR,CEEKEY TOWERS,VANDIPETTA, KANNUR ROAD,NADAKKAVU WEST, CALICUT-673011. BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-SRI.M.GOPIKRISHNAN NAMBIAR R5-SRI.K.JOHN MATHAI R5-SRI.JOSON MANAVALAN R5-SRI.KURYAN THOMAS R5-SRI.PAULOSE C. ABRAHAM R5-SRI.RAJA KANNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶501

WP(C) Nos.9881/2020 & connected cases

¶502

: 46 :

¶503

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶504

PRESENT

¶505

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶506

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11892 OF 2020

¶507

PETITIONER:

¶508

RANJINI E., AGED 39 YEARS, D/O.AMBADI, MAINGIDIYAN HOUSE, 7/382, PUNCHAVAYAL, MOTTAMMAL, KANNAPURAM, KANNUR.

¶509

BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL SRI.S.SREEKUMAR (SR.)

¶510

RESPONDENTS:

¶511

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

¶512

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

¶513

3 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PWD ROADS DIVISION, KANNUR-670013.

¶514

4 THE DISTRICT COLLECTOR, KANNUR DISTRICT, COLLECTORATE, KANNUR -670002.

¶515

WP(C) Nos.9881/2020 & connected cases

¶516

: 47 :

¶517

5 HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGIONAL OFFICE, WEST HILL CHUNGAM, KOZHIKODE P.O., -673005.

¶518

¶519

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶520

WP(C) Nos.9881/2020 & connected cases

¶521

: 48 :

¶522

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶523

PRESENT

¶524

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11893 OF 2020

¶525

PETITIONER:

¶526

ANIL MON K. MATHEW, AGED 54 YEARS, S/O.T.G.MATHEW, KIZHAKKATHIL PUTHEN VEEDU, CHOORAKODE P.O., ADOOR, PATHANAMTHITTA. BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA

¶527

RESPONDENTS:

¶528

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

¶529

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

¶530

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MINI CIVIL STATION, PATHANAMTHITTA-689 645.

¶531

4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, PATHANAMTHITTA-689 645.

¶532

5 NAYARA ENERGY LIMITED, REP.BY ITS CHIEF REGIONAL MANAGER, 6B, 6TH FLOOR, NOEL FOCUS, SEAPORT-AIRPORT ROAD, CHITTETHUKARA, CSEZ P.O., KOCHI-682037. BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5 - BY ADV SRI.K.DILIP

¶533

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶534

WP(C) Nos.9881/2020 & connected cases

¶535

: 49 :

¶536

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶537

PRESENT

¶538

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶539

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 11978 OF 2020

¶540

PETITIONER:

¶541

DHANUSHA D.V., AGED 35 YEARS, D/O.VELAYUDHAN, KOTHERIL HOUSE, ANJUKUNNU, MANANTHAVADY, WAYANAD.

¶542

BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LA L

¶543

RESPONDENTS:

¶544

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

¶545

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

¶546

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, CIVIL STATION, MADATHUMPADI, KALPETTA-673122.

¶547

4 THE DISTRICT COLLECTOR, WAYANAD DIST., COLLECTORATE, WAYANAD-670645.

¶548

WP(C) Nos.9881/2020 & connected cases

¶549

: 50 :

¶550

5 HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGIONAL OFFICER, WEST HILL CHUNGAM, KOZHIKODE P.O-673005.

¶551

¶552

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021, DELIVERED THE FOLLOWING:

¶553

WP(C) Nos.9881/2020 & connected cases

¶554

: 51 :

¶555

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶556

PRESENT

¶557

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12093 OF 2020

¶558

PETITIONER:

¶559

RAHUL RAMESH K.V., AGED 27 YEARS, S/O. RAMESAN, KANNOTH HOUSE, KAVINCHAL, CHITHAPILAPOYIL POST, KANNUT DISTRICT. BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL

¶560

RESPONDENTS:

¶561

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

¶562

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

¶563

3 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PWD ROADS DIVISION, KANNUR-670013.

¶564

4 THE DISTRICT COLLECTOR, KANNUR DIST., COLLECTORATE, KANNUR-670002.

¶565

5 INDIAN OIL CORPORATION LIMITED, REP.BY CHIEF REGIONAL MANAGER, KOZHIKODE DIVISIONAL OFFICE, II ND FLOOR, P.M.K. TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE-673020.

¶566

WP(C) Nos.9881/2020 & connected cases

¶567

: 52 :

¶568

¶569

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶570

WP(C) Nos.9881/2020 & connected cases

¶571

: 53 :

¶572

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶573

PRESENT

¶574

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶575

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12106 OF 2020

¶576

PETITIONER:

¶577

SHAMSEERA K.A., AGED 36 YEARS, W/O. MASHOOD K.,SHAMSEERA'S KOORARI, IRIKKUR, PATTANUR, THALASSERY, KANNUR.

¶578

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

¶579

RESPONDENTS:

¶580

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

¶581

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

¶582

3 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PWD ROADS DIVISION, KANNUR-670013.

¶583

4 THE DISTRICT COLLECTOR, KANNUR DISTRICT, COLLECTORATE, KANNUR-670002.

¶584

5 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY CHIEF REGIONAL MANAGER, KOZHIKODE DIVISIONAL OFFICE, II ND FLOOR,

¶585

WP(C) Nos.9881/2020 & connected cases

¶586

: 54 :

¶587

P.M.K. TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE-673020.

¶588

¶589

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶590

WP(C) Nos.9881/2020 & connected cases

¶591

: 55 :

¶592

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶593

PRESENT

¶594

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶595

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12151 OF 2020

¶596

PETITIONER:

¶597

MAHESHWARI R., AGED 53 YEARS, W/O. RADHAKRISHNAN, MANOHARISH PUDUR ROAD, KOZHINJAMPARA, CHITTUR, PALAKKAD.

¶598

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

¶599

RESPONDENTS:

¶600

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

¶601

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

¶602

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD-678 001

¶603

4 THE DISTRICT COLLECTOR, PALAKKAD DIST., COLLECTORATE, PALAKKAD-678 013

¶604

WP(C) Nos.9881/2020 & connected cases

¶605

: 56 :

¶606

5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKAY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011

¶607

¶608

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶609

WP(C) Nos.9881/2020 & connected cases

¶610

: 57 :

¶611

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶612

PRESENT

¶613

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶614

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12186 OF 2020

¶615

PETITIONER:

¶616

UNNIKRISHNAN P.K., AGED 31 YEARS, S/O.P.K.NARAYANAN, VALIL HOUSE, NELLUNNI P.O., MATTANNUR, KANNUR.

¶617

BY ADV R.SUNIL KUMAR

¶618

RESPONDENTS:

¶619

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

¶620

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

¶621

3 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PWD ROADS DIVISION, KANNUR - 670 013.

¶622

4 THE DISTRICT COLLECTOR, KANNUR DIST., COLLECTORATE, KANNUR - 670 002.

¶623

5 HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGIONAL OFFICE, WEST HILL CHUNGAM, KOZHIKODE P.O.,673 005.

¶624

WP(C) Nos.9881/2020 & connected cases

¶625

: 58 :

¶626

¶627

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶628

WP(C) Nos.9881/2020 & connected cases

¶629

: 59 :

¶630

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶631

PRESENT

¶632

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶633

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12253 OF 2020

¶634

PETITIONER:

¶635

AYSHA N., W/O.ABDUL SALAM K.L., JAMEELA MANZIL, PAREKKUNNAM, PALAKKAD.P.O, 678001.

¶636

BY ADVS. M.R.ANISON SMT.V.BHARGAVI (PANANGAD)

¶637

RESPONDENTS:

¶638

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

¶639

2 TH DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD-678 001.

¶640

3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROAD DIVISION, PALAKKAD-678 014.

¶641

4 INDIAN OIL CORPORATION LIMITED REPRESENTED BY ITS DEPUTY GENERAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE PANAMPILLY NAGAR P.O., KOCHI-682 306.

¶642

BY ADVS. R1-R3 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R3 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R4-SRI.M.GOPIKRISHNAN NAMBIAR

¶643

WP(C) Nos.9881/2020 & connected cases

¶644

: 60 :

¶645

R4-SRI.K.JOHN MATHAI R4-SRI.JOSON MANAVALAN R4-SRI.KURYAN THOMAS R4-SRI.PAULOSE C. ABRAHAM

¶646

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶647

WP(C) Nos.9881/2020 & connected cases

¶648

: 61 :

¶649

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶650

PRESENT

¶651

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶652

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12269 OF 2020

¶653

PETITIONER:

¶654

VIPIN K.V., AGED 34 YEARS, S/O.VASU, KANAYAMKOTTUCHALIL, PERUVAMPADAM, EDIVANNA, NILAMBUR, MALAPPURAM-679329.

¶655

BY ADVS. M.R.ANISON SMT.V.BHARGAVI (PANANGAD)

¶656

RESPONDENTS:

¶657

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶658

2 THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI-685603.

¶659

3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, IDUKKI-685602.

¶660

4 BHARATH PETROLEUM CORPORATION LIMITED, REPRESENTED BY TERRITORY MANAGER (RETAIL), ERNAKULAM, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMBANAM INSTALLATION, SEAPORT AIR PORT ROAD, IRIMBANAM P.O.-682309.

¶661

R1-R3 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R3 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R4-SRI.M.GOPIKRISHNAN NAMBIAR

¶662

WP(C) Nos.9881/2020 & connected cases

¶663

: 62 :

¶664

R4-SRI.K.JOHN MATHAI R4-SRI.JOSON MANAVALAN R4-SRI.KURYAN THOMAS R4-SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN SHRI.DOMINIC ANTONY

¶665

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶666

WP(C) Nos.9881/2020 & connected cases

¶667

: 63 :

¶668

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶669

PRESENT

¶670

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶671

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12290 OF 2020

¶672

PETITIONER:

¶673

ANANDU NIRMAL, AGED 24 YEARS, S/O. NIRMALAN P., THAKIDIYIL HOUSE, AMACHAL P.O., KATTAKADA, THIRUVANANTHAPURAM DISTRICT,PIN-695 572.

¶674

BY ADVS. S.V.PREMAKUMARAN NAIR SRI.JOSEPH GEORGE SRI.JIBU P THOMAS

¶675

RESPONDENTS:

¶676

1 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, COLLECTORATE, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM,PIN-695 043

¶677

2 THE DEPUTY COLLECTOR (GENERAL), THIRUVANANTHAPRUAM, COLLECTORATE, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM,PIN-695 001

¶678

3 THE EXECUTIVE ENGINEER, PWD(ROADS), THIRUVANANTHAPURAM,PIN-695 001

¶679

4 STATE OF KERALA RERESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ,PIN-695 001.

¶680

5 HINDUSTAN PETROLEUM CORPORATION LTD. 17, JAMSHEDJI TATA ROAD, MUMBAI,

¶681

WP(C) Nos.9881/2020 & connected cases

¶682

: 64 :

¶683

REPRESENTED BY ITS REGIONAL MANAGER, PB NO.1601, ERNAKULAM NORTH P.O., PIN-682 018

¶684

¶685

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶686

WP(C) Nos.9881/2020 & connected cases

¶687

: 65 :

¶688

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶689

PRESENT

¶690

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶691

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12312 OF 2020

¶692

PETITIONER:

¶693

SUBHASH KUMAR D.S., AGED 38 YEARS, S/O.DASAN, SUHESH MANDIRAM, AYIROOR, ARUVIPURAM, THIRUVANANTHAPURAM-695 126.

¶694

BY ADVS. M.R.ANISON SMT.P.A.RINUSA

¶695

RESPONDENTS:

¶696

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

¶697

2 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM-695024.

¶698

3 THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THIRUVANANTHAPURAM-695023.

¶699

4 HINDUSTAN PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, TATAPURAM, ERNAKULAM NORTH P.O., ERNAKULAM-682018.

¶700

BY ADVS. R1-R3 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R3 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER

¶701

WP(C) Nos.9881/2020 & connected cases

¶702

: 66 :

¶703

R4-SRI.M.GOPIKRISHNAN NAMBIAR R4-SRI.K.JOHN MATHAI R4-SRI.JOSON MANAVALAN R4-SRI.KURYAN THOMAS R4-SRI.PAULOSE C. ABRAHAM

¶704

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶705

WP(C) Nos.9881/2020 & connected cases

¶706

: 67 :

¶707

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶708

PRESENT

¶709

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12319 OF 2020

¶710

PETITIONER:

¶711

SREEKANTH U KRISHNAN, AGED 28 YEARS, S/O. UNNIKRISHNAN, KORATT KANNATH, VALAPPIL HOUSE, POOKARATHARA, MALAPPURAM.

¶712

BY ADVS. M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA

¶713

RESPONDENTS:

¶714

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

¶715

2 THE DISTRICT COLLECTOR COLLECTORATE, MALAPPURAM - 675 505.

¶716

3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, MALAPPURAM - 676 505.

¶717

4 HINDUSTAN PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LIMITED, KOZHIKODE RETAIL REGIONAL OFFICE, WEST HILL CHUNGAM, KOZHIKODE - 673 005.

¶718

WP(C) Nos.9881/2020 & connected cases

¶719

: 68 :

¶720

BY ADVS. R1-R3 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R3 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R4-SRI.M.GOPIKRISHNAN NAMBIAR R4-SRI.K.JOHN MATHAI R4-SRI.JOSON MANAVALAN R4-SRI.KURYAN THOMAS R4-SRI.PAULOSE C. ABRAHAM

¶721

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶722

WP(C) Nos.9881/2020 & connected cases

¶723

: 69 :

¶724

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶725

PRESENT

¶726

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12322 OF 2020

¶727

PETITIONER:

¶728

DINESH PUTHALATH, AGED 60 YEARS, S/O.KUNHIRAMAN NAIR, SREESATHMAM, KAVINMOOLA, MAMBA.P.O, KANNUR-670611.

¶729

BY ADVS. M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA

¶730

RESPONDENTS:

¶731

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶732

2 THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR-670003

¶733

3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROADS DIVISION, KANNUR-670012.

¶734

4 BHARAT PETROLEUM CORPORATION LTD, REPRESENTED BY ITS TERRITORY MANAGER(RETAIL) BHARAT PETROLEUM CORPORATION LTD., CALICUT TERRITORY OFFICE, 3RD FLOOR, CEEKEY TOWER, NADAKKAVU, NANDIPETTA, CALICUT 673011.

¶735

WP(C) Nos.9881/2020 & connected cases

¶736

: 70 :

¶737

¶738

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶739

WP(C) Nos.9881/2020 & connected cases

¶740

: 71 :

¶741

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶742

PRESENT

¶743

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12323 OF 2020

¶744

PETITIONER:

¶745

ELIZABETH JOSEPH, AGED 57 YEARS, W/O. JOSEPH V.J., VAVOLICKAL HOUSE, DEVAGIRI P.O., KANGHAZHA, KOTTAYAM DISTRICT-686 555.

¶746

BY ADVS. M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA

¶747

RESPONDENTS:

¶748

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

¶749

2 THE DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM-686 002.

¶750

3 THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT ROADS DIVISION, KOTTAYAM-686 003.

¶751

4 HINDUSTAN PETROLEUM CORPORATION LIMITED REPRESENTED BY ITS CHIEF REGIONAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LIMITED TATAPURAM, ERNAKULAM NORTH P.O., ERNAKULAM-682 018.

¶752

WP(C) Nos.9881/2020 & connected cases

¶753

: 72 :

¶754

¶755

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶756

WP(C) Nos.9881/2020 & connected cases

¶757

: 73 :

¶758

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶759

PRESENT

¶760

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12329 OF 2020

¶761

PETITIONER:

¶762

ANIL KUMAR ASSENTEECHAL, AGED 55 YEARS, S/O.RAGHAVAN, VELUMBAN HOUSE, P.O. BAVODE, KANNUR DISTRICT 670622

¶763

BY ADVS. M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA

¶764

RESPONDENTS:

¶765

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

¶766

2 THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR-670003

¶767

3 THE EXECIUTIV ENGINEER, PUBLIC WORKS DEPARTMENT ROADS DIVISION, KANNUR-670012

¶768

4 INDIAN OIL CORPORATION LIMITED REPRESENTED BY ITS DEPUTY GENERAL MANAGER (RETAIL SALES), INDIAN OIL CORPORATION LIMITED, KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR, P.M.K.TOWERS,

¶769

WP(C) Nos.9881/2020 & connected cases

¶770

: 74 :

¶771

CIVIL STATION POST, WAYANAD ROAD, KOZHIKOE-673020

¶772

¶773

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶774

WP(C) Nos.9881/2020 & connected cases

¶775

: 75 :

¶776

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶777

PRESENT

¶778

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12357 OF 2020

¶779

PETITIONER:

¶780

MATHEW JAMES, AGED 47 YEARS, S/O. T.M. JAMES, THERANTHANAM, SH MOUNT P.O., KOTTAYAM-686006.

¶781

BY ADVS. SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE SHRI.ABI BENNY AREECKAL SMT.LEAH RACHEL NINAN

¶782

RESPONDENTS:

¶783

1 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, COLLECTORATE P.O., KOTTAYAM-686002.

¶784

2 THE EXECUTIVE ENGINEER, O/O. EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM-686001.

¶785

3 THE DEPUTY GENERAL MANAGER (RETAIL SALES), INDIAN OIL CORPORATION LIMITED, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIERPARK, INCHAKKAL BYE PASS ROAD,

¶786

WP(C) Nos.9881/2020 & connected cases

¶787

: 76 :

¶788

VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695008.

¶789

4 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶790

BY ADVS. R1,R2&R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1,R2&R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R3-SRI.M.GOPIKRISHNAN NAMBIAR R3-SRI.K.JOHN MATHAI R3-SRI.JOSON MANAVALAN R3-SRI.KURYAN THOMAS R3-SRI.PAULOSE C. ABRAHAM

¶791

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶792

WP(C) Nos.9881/2020 & connected cases

¶793

: 77 :

¶794

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶795

PRESENT

¶796

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12365 OF 2020

¶797

PETITIONER:

¶798

JITHIN BABU, AGED 25 YEARS, S/O. RAJENDRA BABU, AMBADY HOUSE, AYAPPANKUZHI, PARUTHIKUZHI, NEDUMANGAD, THIRUVANANTHAPURAM.

¶799

BY ADVS. M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA

¶800

RESPONDENTS:

¶801

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶802

2 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM-695024.

¶803

3 THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THIRUVANANTHAPURAM-695023.

¶804

4 HINDUSTAN PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LIMITED, TATAPURAM, ERNAKULAM NORTH P.O., ERNAKULAM-682018.

¶805

WP(C) Nos.9881/2020 & connected cases

¶806

: 78 :

¶807

¶808

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶809

WP(C) Nos.9881/2020 & connected cases

¶810

: 79 :

¶811

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶812

PRESENT

¶813

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12367 OF 2020

¶814

PETITIONER:

¶815

RAMESH R., AGED 33 YEARS, S/O RAGHUNATHAN NAIR, BELL HOUSE, THIRUMULLAVARAM, KOTTAYAM DISTRICT-691 012.

¶816

BY ADVS. M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA

¶817

RESPONDENTS:

¶818

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

¶819

2 THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA-689 645.

¶820

3 THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, ROADS DIVISION, PATHANAMTHITTA-689 645.

¶821

4 HINDUSTAN PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LIMITED, TATAPURAM, ERNAKULAM NORTH P.O. ERNAKULAM-682 018.

¶822

WP(C) Nos.9881/2020 & connected cases

¶823

: 80 :

¶824

¶825

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶826

WP(C) Nos.9881/2020 & connected cases

¶827

: 81 :

¶828

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶829

PRESENT

¶830

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶831

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 12396 OF 2020

¶832

PETITIONER:

¶833

JOLLY JOSEPH, AGED 47, S/O.XAVIER CHACKO, MUKKUNGAL (H), KUDAMALOOR P.O., KOTTAYAM, PIN-686 017.

¶834

BY ADV V.SRI NATH

¶835

RESPONDENTS:

¶836

1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN-686 001.

¶837

2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN-686 001.

¶838

3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, OFFICE OF THE EXECUTIVE ENGINEER, KOTTAYAM, PIN-686 001.

¶839

4 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

¶840

5 CENTRAL POLLUTION CONTROL BOARD, PARIWESH BHAVAN, CBD CUM OFFICE COMPLEX, EAST ARJUN NAGAR, DELHI, PIN-110 032, REPRESENTED BY ITS CHAIRMAN.

¶841

6 KERALA STATE POLLUTION CONTROL BOARD, KERALA STATE POLLUTION CONTROL BOARD,

¶842

WP(C) Nos.9881/2020 & connected cases

¶843

: 82 :

¶844

PATTOM P.O., THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS CHAIRMAN.

¶845

7 INDIAN OIL CORPORATION LIMITED, TRIVANDRUM DIVISIONAL OFFICE, REPRESENTED BY THE DEPUTY GENERAL MANAGER (RETAIL SALES), GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKADAVU P.O., THIRUVANANTHAPURAM, PIN-695 008.

¶846

8 JOBEL BABU, AGED 27, S/O.BABU, PONMANKAL HOUSE, THELLAKOM P.O., KOTTAYAM, PIN-686 630.

¶847

BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R7-SRI.M.GOPIKRISHNAN NAMBIAR R7-SRI.K.JOHN MATHAI R7-SRI.JOSON MANAVALAN R7-SRI.KURYAN THOMAS R7-SRI.PAULOSE C. ABRAHAM R8-SMT.A.SALINI LAL R8- SRI.R.SUNIL KUMAR

¶848

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶849

WP(C) Nos.9881/2020 & connected cases

¶850

: 83 :

¶851

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶852

PRESENT

¶853

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶854

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 13235 OF 2020

¶855

PETITIONER:

¶856

DIVYA A.A., AGED 36 YEARS, W/O.SHIBU V.A., VATTEKKATTUKUDY HOUSE, EDATHALA P.O., KUNJATTUKARA, ALUVA, ERNAKULAM.

¶857

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

¶858

RESPONDENTS:

¶859

1 ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, ERNAKULAM - 682 030.

¶860

2 BHARAT PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF TERRITORY MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, COCHIN – 682309.

¶861

ADDL.3 THE STATE OF KERALA, REP.BY THE ADDL. CHIEF SECERTARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNEMNT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶862

ADDL.4 KERALA PUBLIC WORKS DEPARTMENT, REP.BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695003.

¶863

[ADDL.R3 AND R4 ARE IMPLEADED AS PER ORDER DATED 22.07.2020 IN IA NO.1/2020.]

¶864

WP(C) Nos.9881/2020 & connected cases

¶865

: 84 :

¶866

BY ADVS. R1,R3,R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1,R3,R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R2-SRI.M.GOPIKRISHNAN NAMBIAR R2-SRI.K.JOHN MATHAI R2-SRI.JOSON MANAVALAN R2-SRI.KURYAN THOMAS R2-SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN SHRI.DOMINIC ANTONY

¶867

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶868

WP(C) Nos.9881/2020 & connected cases

¶869

: 85 :

¶870

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶871

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 13290 OF 2020

¶872

PETITIONER:

¶873

SEENA MYCHAEL, AGED 42 YEARS, W/O.SIBY SEBASTIAN, KULATHINAL HOUSE, MYLLELLAMPARA P.O., PUTHUPPADI CALICUT.

¶874

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

¶875

RESPONDENTS:

¶876

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

¶877

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

¶878

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

¶879

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

¶880

5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, CLAICUT TERRITORY OFFICE, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA KANNUR ROAD, NADAKKAVU WEST CLAICUT-673 011.

¶881

WP(C) Nos.9881/2020 & connected cases

¶882

: 86 :

¶883

¶884

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶885

WP(C) Nos.9881/2020 & connected cases

¶886

: 87 :

¶887

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶888

PRESENT

¶889

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶890

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 14155 OF 2020

¶891

PETITIONER:

¶892

AYISHA POOKKATTIL, D/O. MAMMAD, AGED 28 YEARS, ARUVEETIL HOUSE, THAMARASSERY, PAYYANAD, NELLIKUTH P.O., MANJERI, MALAPPURAM DISTRICT-676122.

¶893

BY ADVS. PIRAPPANCODE V.S.SUDHIR SMT.A.MEGHA

¶894

RESPONDENTS:

¶895

1 STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶896

2 THE CHIEF ENGINEER (PWD ROADS) PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695033

¶897

3 THE EXECUTIVE ENGINEER, ROADS DIVISION, PUBLIC WORKS DEPARTMENT, CIVIL STATION, SULTHANPETTA, PALAKKAD-678001.

¶898

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

¶899

5 INDIAN OIL CORPORATION REPRESENTED BY THE DEPUTY GENERAL MANAGER(RS), INDIAN OIL CORPORATION, COCHIN DIVISIONAL OFFICE,

¶900

WP(C) Nos.9881/2020 & connected cases

¶901

: 88 :

¶902

PANAMPILLY AVENUE, PANAMPILLY NAGAR P O, KOCHI- 682036.

¶903

6 THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD DISTRICT-678013.

¶904

BY ADVS. R1-R4&R6 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4&R6 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-SRI.M.GOPIKRISHNAN NAMBIAR R5-SRI.K.JOHN MATHAI R5-SRI.JOSON MANAVALAN R5-SRI.KURYAN THOMAS R5-SRI.PAULOSE C. ABRAHAM

¶905

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶906

WP(C) Nos.9881/2020 & connected cases

¶907

: 89 :

¶908

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶909

PRESENT

¶910

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶911

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 14585 OF 2020

¶912

PETITIONER:

¶913

CAPT. KOSHY THOMAS, AGED 74 YEARS, S/O.C.K.THOMAS, 14B, SKYLINE HIGH POINT, MUTTAMBALAM P.O., KANJIKUZHI, KOTTAYAM - 686 004.

¶914

BY ADVS. S.BIJU (KIZHAKKANELA) SRI.JOHNSON GOMEZ SRI.C.UNNIKRISHNAN (KOLLAM)

¶915

RESPONDENTS:

¶916

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

¶917

2 THE DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE COMPLEX, PATHANAMTHITTA - 689 645.

¶918

3 THE CHIEF ENGINEER, PWD (ROADS AND BRIDGES DIVISION), PUBLIC OFFICE BUILDING, LMS, VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM - 695 033.

¶919

4 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, COLLECTORATE COMPOUND, PATHANAMTHITTA P.O. - 689 645.

¶920

WP(C) Nos.9881/2020 & connected cases

¶921

: 90 :

¶922

5 THE NAYARA ENERGY LTD. (FORMERLY ESSAR OIL LTD.), REPRESENTED BY ITS JOINT GM, DIVISIONAL MANAGER, RETAIL BD, SEAPORT AIRPORT ROAD, CHITTETHUKARA, CSEZ P.O., ERNAKULAM DISTRICT, PIN - 682 037.

¶923

BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-ADV SRI.SANJAY JOHNSON

¶924

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶925

WP(C) Nos.9881/2020 & connected cases

¶926

: 91 :

¶927

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶928

PRESENT

¶929

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 14848 OF 2020

¶930

PETITIONER:

¶931

BABU P SIMON, AGED 55 YEARS, S/O.FR.SIMON, VETTUKATTIL PALAKULATHIL, PERUVA P.O., KUNNAPPILLY, MULAKULAM, PERUVA, KOTTAYAM.

¶932

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

¶933

RESPONDENTS:

¶934

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

¶935

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

¶936

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM-686001.

¶937

4 THE DISTRICT COLLECTOR, KOTTAYAM DIST., COLLECTORATE, KOTTAYAM-686001.

¶938

5 HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O., P.B.NO.1601,

¶939

WP(C) Nos.9881/2020 & connected cases

: 92 :

COCHIN-682018.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶944

WP(C) Nos.9881/2020 & connected cases

¶945

: 93 :

¶946

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶947

PRESENT

¶948

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶949

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 15228 OF 2020

¶950

PETITIONER:

¶951

UNNIKRISHNAN, AGED 37, S/O.SIVAN, PARAPPAYIL HOUSE, SOUTH ADUVASSERRY P.O., KUNNUKKARA, PARAVUR, PIN-683 578

¶952

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

¶953

RESPONDENTS:

¶954

1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM,PIN-682 030

¶955

2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM,PIN-682 030

¶956

3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695 030

¶957

4 THE DISTRICT SUPPLY OFFICER, FOOD AND CIVIL SUPPLIES DEPARTMENT, ERNAKULAM,PIN-682 030

¶958

5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001

¶959

6 CENTRAL POLLUTION CONTROL BOARD, PARIWESH BHAVAN, CBD CUM OFFICE COMPLEX, EAST ARJUN NAGAR, DELHI, PIN-110 032,

¶960

WP(C) Nos.9881/2020 & connected cases

¶961

: 94 :

¶962

REPRESENTED BY ITS CHAIRMAN

¶963

7 KERALA STATE POLLUTION CONTROL BOARD, KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS CHAIRMAN

¶964

8 INDIAN OIL CORPORATION LIMITED, TRIVANDRUM DIVISIONAL OFFICE, REPRESENTED BY THE DEPUTY GENERAL MANAGER (RETAIL SALES), GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKADAVU P.O., THIRUVANANTHAPURAM,PIN-695 008

¶965

9 BENNY P.J., AGED 47, S/O. JOSE, KELANGATHUPUTHUSSERRY HOUSE, SOUTH ADUVASSERRY P.O., KUNNUKKARA,PARAVUR, PIN-683 578

¶966

10 BINDHU BENNY, AGED 45, W/O. BENNY, KELANGATHUPUTHUSSERRY HOUSE, SOUTH ADUVASSERRY P.O., KUNNUKKARA,PARAVUR, PIN-683 578

¶967

BY ADVS. R1-R5 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R5 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R6-R7 SRI. T.NAVEEN SC R8-SRI.M.GOPIKRISHNAN NAMBIAR R8-SRI.K.JOHN MATHAI R8-SRI.JOSON MANAVALAN R8-SRI.KURYAN THOMAS R8-SRI.PAULOSE C. ABRAHAM R10-SRI.T.N.MANOJ

¶968

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶969

WP(C) Nos.9881/2020 & connected cases

¶970

: 95 :

¶971

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶972

PRESENT

¶973

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶974

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 15610 OF 2020

¶975

PETITIONER:

¶976

MOIDEENKUTTY VALIYAPRARAMBIL, AGED 57 YEARS, S/O. V.P KUTTI, VALIYAPARAMBIL HOUSE, EDAYUR P.O., MALAPPURAM

¶977

BY ADVS. R.SUNIL KUMAR A.SALINI LAL

¶978

RESPONDENTS:

¶979

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

¶980

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

¶981

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI 676 121

¶982

4 THE DISTRICT COLLECTOR MALAPPURAM DIST. COLLECTORATE, MALAPPURAM 676 505

¶983

WP(C) Nos.9881/2020 & connected cases

¶984

: 96 :

¶985

5 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR, P.M.K TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE 673 020

¶986

¶987

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶988

WP(C) Nos.9881/2020 & connected cases

¶989

: 97 :

¶990

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶991

PRESENT

¶992

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 15613 OF 2020

¶993

PETITIONER:

¶994

HASHIM V.K., AGED 39 YEARS, S/O.KASIM V.K., VELLUKUZHY HOUSE, WEST KADUNGALLOOR, MUPPATHADAM, ERNAKULAM.

¶995

BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL SRI.S.SREEKUMAR (SR.)

¶996

RESPONDENTS:

¶997

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

¶998

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

¶999

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

¶1000

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

¶1001

WP(C) Nos.9881/2020 & connected cases

¶1002

: 98 :

¶1003

5 BHARATH PETROLEUM CORPORATION LTD., IRIMPANAM INSTALLATION, IRIMPANAM REP BY ITS TERRITORY MANAGER(RETAIL), BPCL, IRUMPANAM INSTALLATION, KOCHI 682 309.

¶1004

¶1005

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1006

WP(C) Nos.9881/2020 & connected cases

¶1007

: 99 :

¶1008

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1009

PRESENT

¶1010

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1011

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 15710 OF 2020

¶1012

PETITIONER:

¶1013

ASHOKAN A, AGED 50 YEARS, S/O.APPUKUTTAN, VARUVILA VEEDU, PERINGAMMALA, KALLIYOOR, VENGANOOR, THIRUVANANTHAPURAM.

¶1014

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

¶1015

RESPONDENTS:

¶1016

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

¶1017

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

¶1018

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM-695033.

¶1019

4 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM DIST.-695035.

¶1020

5 INDIAN OIL CORPORATION LIMITED, REP. BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK,

¶1021

WP(C) Nos.9881/2020 & connected cases

¶1022

: 100 :

¶1023

INCHAKKAL BYE PASS ROAD, VALLAKKADAVU.P.O., THIRUVANANTHAPURAM-695008.

¶1024

¶1025

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1026

WP(C) Nos.9881/2020 & connected cases

¶1027

: 101 :

¶1028

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1029

PRESENT

¶1030

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1031

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 15815 OF 2020

¶1032

PETITIONER:

¶1033

ELDHO N. PAUL, AGED 39 YEARS, S/O.N.M.PAULOSE, NAMMANARIL HOUSE, KIZHAKKAMBALAM, ERNAKULAM.

¶1034

BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL SRI.S.SREEKUMAR (SR.)

¶1035

RESPONDENTS:

¶1036

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

¶1037

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

¶1038

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

¶1039

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

¶1040

WP(C) Nos.9881/2020 & connected cases

¶1041

: 102 :

¶1042

5 BHARATH PETROLEUM CORPORATION LTD. IRIMPANAM INSTALLATION, IRIMPANAM REP BY ITS TERRITORY MANAGER (RETAIL), BPCL, IRUMPANAM INSTALLATION, KOCHI – 682309.

¶1043

¶1044

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1045

WP(C) Nos.9881/2020 & connected cases

¶1046

: 103 :

¶1047

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1048

PRESENT

¶1049

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1050

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 16652 OF 2020

¶1051

PETITIONER:

¶1052

PRAKASH K., AGED 52 YEARS, S/O. KOCHU NARAYANAN NAIR, POURNAMI, KOKKAD, CHAKKUVARAKKAL, KOLLAM .

¶1053

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

¶1054

RESPONDENTS:

¶1055

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

¶1056

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

¶1057

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM - 691 001.

¶1058

4 THE DISTRICT COLLECTOR, KOLLAM DIST.,COLLECTORATE, KOLLAM - 691 013.

¶1059

5 INDIAN OIL CORPORATION LIMITED REPRESENTED BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK,

¶1060

WP(C) Nos.9881/2020 & connected cases

¶1061

: 104 :

¶1062

INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P. O., THIRUVANANTHAPURAM - 695 008. BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-SRI.M.GOPIKRISHNAN NAMBIAR R5-SRI.K.JOHN MATHAI R5-SRI.JOSON MANAVALAN R5-SRI.KURYAN THOMAS R5-SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN

¶1063

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1064

WP(C) Nos.9881/2020 & connected cases

¶1065

: 105 :

¶1066

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1067

PRESENT

¶1068

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1069

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 16659 OF 2020

¶1070

PETITIONER:

¶1071

ARYA MOHAN, AGED 32 YEARS, D/O. CHANDRAMOHANAN, VALANICKAL, POONJAR SOUTH P.O, KOTTAYAM.

¶1072

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

¶1073

RESPONDENTS:

¶1074

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

¶1075

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

¶1076

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM 686 001

¶1077

4 THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM 686 001

¶1078

5 INDIAN OIL CORPORATION LIMITED,

¶1079

WP(C) Nos.9881/2020 & connected cases

¶1080

: 106 :

¶1081

REPRESENTED BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O, THIRUVANANTHAPURAM 695 008

¶1082

¶1083

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1084

WP(C) Nos.9881/2020 & connected cases

¶1085

: 107 :

¶1086

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1087

PRESENT

¶1088

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1089

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 16853 OF 2020

¶1090

PETITIONER:

¶1091

JOJISON V. JACOB, AGED 26 YEARS, S/O. V. M. JACOB, VALIYA PARAMBIL HOUSE, KARULAI ROAD, NEAR KARULAI FOREST OFFICE, KINATTINGAL, KARULAI P.O., KARULAI VILLAGE, MALAPPURAM - 679 330.

¶1092

BY ADVS. S.BIJU (KIZHAKKANELA) SRI.C.UNNIKRISHNAN (KOLLAM)

¶1093

RESPONDENTS:

¶1094

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

¶1095

2 THE DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE COMPLEX, UPHILL, MALAPPURAM - 676 505.

¶1096

3 THE CHIEF ENGINEER, PWD (ROADS AND BRIDGES DIVISION), PUBLIC OFFICE BUILDING, LMS, VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM - 695 033.

¶1097

4 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI, VELLARANGAL, MALAPPURAM DISTRICT - 676 517.

¶1098

WP(C) Nos.9881/2020 & connected cases

¶1099

: 108 :

¶1100

5 THE NAYARA ENERGY LTD. (FORMERLY ESSAR OIL LTD.), REPRESENTED BY ITS JOINT GM, DIVISIONAL MANAGER, RETAIL BD, SEAPORT AIRPORT ROAD, CHITTETHUKARA, CSEZ P. O., ERNAKULAM DISTRICT, PIN - 682 037.

¶1101

BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER BY ADV SRI.JOHNSON GOMEZ

¶1102

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1103

WP(C) Nos.9881/2020 & connected cases

¶1104

: 109 :

¶1105

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1106

PRESENT

¶1107

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 17084 OF 2020

¶1108

PETITIONERS:

¶1109

ANITHA PUSHPARAJ, AGED 47 YEARS, W/O PUSHPARAJ, VENDUVELI HOUSE, AIRAPURAM KARA, KUNNTHUNADU, ERNAKULAM

¶1110

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

¶1111

RESPONDENTS:

¶1112

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

¶1113

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

¶1114

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

¶1115

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

¶1116

WP(C) Nos.9881/2020 & connected cases

¶1117

: 110 :

¶1118

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.

¶1119

¶1120

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1121

WP(C) Nos.9881/2020 & connected cases

¶1122

: 111 :

¶1123

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1124

PRESENT

¶1125

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 17901 OF 2020

¶1126

PETITIONER:

¶1127

SAJI JOSEPH, AGED 49 YEARS, S/O.JOSEPH K.S., KURIATHU HOUSE, EDANAD P.O., ARUNAPURAM (VIA), KOTTAYAM DISTRICT-686 574.

¶1128

BY ADVS. M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA

¶1129

RESPONDENTS:

¶1130

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

¶1131

2 THE DISTRICT COLLECTOR, COLLECTORATE, KOTTYAM-686 002.

¶1132

3 THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT ROADS DIVISION, KOTTAYAM-686 003.

¶1133

4 HINDUSTAN PETROLEUM CORPORATION LIMITED REPRESENTED BY ITS CHIEF REGIONAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LIMITED TATAPURAM, ERNAKULAM NORTH PO., ERNAKULAM-682 018.

¶1134

WP(C) Nos.9881/2020 & connected cases

¶1135

: 112 :

¶1136

¶1137

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1138

WP(C) Nos.9881/2020 & connected cases

¶1139

: 113 :

¶1140

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1141

PRESENT

¶1142

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 18256 OF 2020

¶1143

PETITIONER:

¶1144

AJEESH G., AGED 28 YEARS, S/O.GIRIJA KUMAR, THUSHARAM HOUSE, PAYARUMOODU, KOTTUKAL P.O., VIZHINJAM, THIRUVANANTHAPURAM, PIN-695501. BY ADVS. JOSEPH GEORGE JIBU P THOMAS KULATHUR S.V. PREMAKUMARAN NAIR

¶1145

RESPONDENTS:

¶1146

1 THE DISTRICT COLLECTOR - THIRUVANANTHAPURAM, COLLECTORATE, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM, PIN-695043.

¶1147

2 THE DEPUTY COLLECTOR (GENERAL) THIRUVANANTHAPURAM, COLLECTORATE, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM, PIN-695043.

¶1148

3 THE EXECUTIVE ENGINEER, PWD (ROADS), THIRUVANANTHAPURAM-695001.

¶1149

4 STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN-695001.

¶1150

5 HINDUSTAN PETROLEUM CORPORATION LTD., 17, JAMSHEDJI TATA ROAD, MUMBAI, REPRESENTED BY ITS REGIONAL MANAGER, PB. NO.1601, ERNAKULAM NORTH P.O., PIN-682018.

¶1151

WP(C) Nos.9881/2020 & connected cases

¶1152

: 114 :

¶1153

¶1154

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1155

WP(C) Nos.9881/2020 & connected cases

¶1156

: 115 :

¶1157

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1158

PRESENT

¶1159

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1160

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 18463 OF 2020

¶1161

PETITIONER:

¶1162

K.M.ABDUL LATHEEF, AGED 59 YEARS, S/O MOHAMMED K.,AL ANFAL HOUSE, MAIN ROAD, UDMA, UDMA.P.O., UDMA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671319. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, MUNEER S.A., AGED 50 YEARS, S/O.S.AHAMMED, RESIDING AT PAKYARA, UDMA P.O., PALLIKKARA-II VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671319.

¶1163

BY ADVS. S.BIJU (KIZHAKKANELA) SRI.C.UNNIKRISHNAN (KOLLAM)

¶1164

RESPONDENTS:

¶1165

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

¶1166

2 THE DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT MAGISTRATE, CIVIL STATION,VIDYANAGAR, KASARAGOD-671123.

¶1167

3 THE CHIEF ENGINEER, PWD (ROADS AND BRIDGES DIVISION), PUBLIC OFFICE BUILDING, LMS, VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM-695033.

¶1168

WP(C) Nos.9881/2020 & connected cases

¶1169

: 116 :

¶1170

4 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, BABY BEACH ROAD, KANNUR-670013.

¶1171

5 THE NAYARA ENERGY LTD. (FORMERLY ESSAR OIL LTD), REPRESENTED BY ITS JOINT GM, DIVISIONAL MANAGER, RETAIL RD, SEAPORT AIRPORT ROAD, CHITTETHUKARA CSEZ P.O., ERNAKULAM DISTRICT, PIN-682037.

¶1172

BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER

¶1173

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1174

WP(C) Nos.9881/2020 & connected cases

¶1175

: 117 :

¶1176

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1177

PRESENT

¶1178

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1179

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 18542 OF 2020

¶1180

PETITIONER:

¶1181

NISHA SHIBU, AGED 40, W/O. SHIBU, PULICKACHALIL HOUSE, CHAMMINI, MALAYATOOR, ERNAKULAM.

¶1182

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

¶1183

RESPONDENTS:

¶1184

1 ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, KAKKANAD, ERNAKULAM 682 030.

¶1185

2 INDIAN OIL CORPORATION, REP. BY ITS DEPUTY GENERAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPALLY AVANUE, PANAMPALLY NAGAR P.O., COCHIN 682 036.

¶1186

BY ADVS. R1 SRI. RANJITH THAMPAN, ADDL.A.G. R1 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R2-SRI.M.GOPIKRISHNAN NAMBIAR R2-SRI.K.JOHN MATHAI R2-SRI.JOSON MANAVALAN R2-SRI.KURYAN THOMAS R2-SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN

¶1187

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1188

WP(C) Nos.9881/2020 & connected cases

¶1189

: 118 :

¶1190

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1191

PRESENT

¶1192

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1193

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 18543 OF 2020

¶1194

PETITIONER:

¶1195

NAZARUDEEN A., AGED 55 YEARS, S/O. ABDUL MAJEED, SAMSAM MANZIIL, THEMBAMMOODU, PULLAMPARA, VENJARAMOODU, NEDUMANGAD, THIRUVANANTHAPURAM

¶1196

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

¶1197

RESPONDENTS:

¶1198

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

¶1199

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

¶1200

3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PMG JUNCTION, THIRUVANANTHAPURAM-695 033

¶1201

4 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DIST, COLLECTORATE, THIRUVANANTHAPURAM-695 035

¶1202

WP(C) Nos.9881/2020 & connected cases

¶1203

: 119 :

¶1204

5 HINDUSTAN PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, P.B.NO.1601, TATAPURAM, ERNAKULAM, COCHIN-682 018

¶1205

¶1206

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1207

WP(C) Nos.9881/2020 & connected cases

¶1208

: 120 :

¶1209

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1210

PRESENT

¶1211

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1212

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 20308 OF 2020

¶1213

PETITIONER:

¶1214

DILEEP P.V., AGED 37 YEARS, S/O. PALA KOCHO, VARAVUKALAYIL HOUSE, AARAKKUNNAM, EDAYKKATTUVAYAL, ERNAKULAM.

¶1215

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

¶1216

RESPONDENTS:

¶1217

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

¶1218

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

¶1219

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM 686 001.

¶1220

4 THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM 686 001.

¶1221

5 HINDUSTAN PETROLEUM CORPORATION LTD, REP BY ITS CHIEF REGIONAL MANAGER,

¶1222

WP(C) Nos.9881/2020 & connected cases

¶1223

: 121 :

¶1224

COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O., P.B. NO. 1601, COCHIN 682 018.

¶1225

¶1226

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1227

WP(C) Nos.9881/2020 & connected cases

¶1228

: 122 :

¶1229

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1230

PRESENT

¶1231

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 20324 OF 2020

¶1232

PETITIONER:

¶1233

NISHANA P.K., AGED 35 YEARS, W/O.NOUSHAD, ZANMAS, KOTTAYAMPOIL, KANNUR DISTRICT.

¶1234

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

¶1235

RESPONDENTS:

¶1236

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

¶1237

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

¶1238

3 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PWD ROADS DIVISION, KANNUR-670 013.

¶1239

4 THE DISTRICT COLLECTOR, KANNUR DISTRICT, COLLECTORATE, KANNUR-670 002.

¶1240

5 INDIAN OIL CORPORATION LIMITED, REP.BY CHIEF REGIONAL MANAGER, KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR, P.M.K. TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE-673 020.

¶1241

WP(C) Nos.9881/2020 & connected cases

¶1242

: 123 :

¶1243

¶1244

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1245

WP(C) Nos.9881/2020 & connected cases

¶1246

: 124 :

¶1247

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1248

PRESENT

¶1249

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1250

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 21339 OF 2020

¶1251

PETITIONER:

¶1252

ALICE RAJU, AGED 63 YEARS, W/O RAJU JOSEPH, VECHURETTU, ETTUMANOOR, KOTTAYAM.

¶1253

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

¶1254

RESPONDENTS:

¶1255

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

¶1256

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

¶1257

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION,KOTTAYAM-686001.

¶1258

4 THE DISTRICT COLLECTOR, KOTTAYAM DIST, COLLECTORATE, KOTTAYAM-686001.

¶1259

5 NARAYA ENERGY LIMITED, REP.BY DIVISIONAL MANAGER, 6B,8TH FLOOR,NOEL FOCUS, SEAPORT-AIRPORT ROAD, CHITTATHUKARA,CSEZ.P.O,KOCHI-682037.

¶1260

WP(C) Nos.9881/2020 & connected cases

¶1261

: 125 :

¶1262

R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-BY ADV SRI.K.DILIP

¶1263

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1264

WP(C) Nos.9881/2020 & connected cases

¶1265

: 126 :

¶1266

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1267

PRESENT

¶1268

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1269

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 22208 OF 2020

¶1270

PETITIONER:

¶1271

SAJEEM, AGED 44 YEARS, S/O. VEERAN THENGUM THAIKKAL, THENGUM THAIKKAL HOUSE, VALIYAPARAMBA P.O, MALAPPURAM

¶1272

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

¶1273

RESPONDENTS:

¶1274

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

¶1275

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

¶1276

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANAJERI 676 121

¶1277

4 THE DISTRICT COLLECTOR, MALAPPURAM DIST, COLLECTORATE, MALAPPURAM 676 505

¶1278

5 THE NAYARA ENERGY LTD, TERRITORY SALES MANAGER, 6B, 6TH FLOOR, NOEL FOCUS,

¶1279

WP(C) Nos.9881/2020 & connected cases

¶1280

: 127 :

¶1281

SEAPORT AIRPORT ROAD, CHITTETHUKARA, SCEZ P.O, KOCHI 682 037

¶1282

R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN , SENIOR GOVT.PLEADER R5-BY ADV SRI.K.DILIP

¶1283

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1284

WP(C) Nos.9881/2020 & connected cases

¶1285

: 128 :

¶1286

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1287

PRESENT

¶1288

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 25243 OF 2020

¶1289

PETITIONER:

¶1290

RISVAN POKANTAKATH, AGED 25 YEARS, S/O. MUMTAZ M.P, ASSAN PAKANTAKATH, VALAPATTANAM, KANNUR.

¶1291

BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL SRI.S.SREEKUMAR (SR.)

¶1292

RESPONDENTS:

¶1293

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

¶1294

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

¶1295

3 THE EXECUTIVE ENGINEER KERALA STATE TRANSPORT PROJECT DIVISION, PWD ROADS DIVISION, KANNUR – 670013.

¶1296

4 THE DISTRICT COLLECTOR, KANNUR DIST., COLLECTORATE, KANNUR – 670002.

¶1297

5 INDIAN OIL CORPORATION LIMITED, REP. BY CHIEF REGIONAL MANAGER, KOZHIKODE DIVISIONAL OFFICE,

¶1298

WP(C) Nos.9881/2020 & connected cases

¶1299

: 129 :

¶1300

IIND FLOOR, P.M.K. TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE – 673020.

¶1301

¶1302

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1303

WP(C) Nos.9881/2020 & connected cases

¶1304

: 130 :

¶1305

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1306

PRESENT

¶1307

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1308

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 25290 OF 2020

¶1309

PETITIONER:

¶1310

PRASAD T.M., AGED 41 YEARS, S/O. K.MURALEEDHARAN, THIRUMKULAM, THOVARIMALA P.O., SULTHAN BATHERY, WAYANAD.

¶1311

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

¶1312

RESPONDENTS:

¶1313

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

¶1314

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

¶1315

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KALPETTA, WAYANAD – 673122.

¶1316

4 THE DISTRICT COLLECTOR, WAYANAD DISTRICT, COLLECTORATE, WAYANAD, KALPETTA – 673122.

¶1317

WP(C) Nos.9881/2020 & connected cases

¶1318

: 131 :

¶1319

5 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR, P.M.K TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE – 673020.

¶1320

¶1321

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021 ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON 05.08.2021 DELIVERED THE FOLLOWING:

¶1322

WP(C) Nos.9881/2020 & connected cases

¶1323

: 132 :

¶1324

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1325

PRESENT

¶1326

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1327

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 25304 OF 2020

¶1328

PETITIONER:

¶1329

VIJAYAN A.P., AGED 55 YEARS, S/O ACHUTHAN, ANGAPOYIL HOUSE, MAYYIL P.O., KUTTIATTUR, KANNUR.

¶1330

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

¶1331

RESPONDENTS:

¶1332

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

¶1333

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

¶1334

3 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT DIVISION, PWD ROADS DIVISION, KANNUR-6700013. (ADDRESS OF R3 IS CORRECTED AS 'THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KALPETTA, WAYANAD-673122', AS PER ORDER DATED 13.08.2021 IN IA NO.1/2021 IN WP(C) NO.25304/2021).

¶1335

4 THE DISTRICT COLLECTOR, KANNUR DIST., COLLECTORATE, KANNUR-670002. (ADDRESS OF R4 IS CORRECTED AS 'THE DISTRICT

¶1336

WP(C) Nos.9881/2020 & connected cases

¶1337

: 133 :

¶1338

COLLECTOR, WAYANAD DIST. COLLECTORATE, WAYANAD, KALPETTA-673122' AS PER ORDER DATED 13.08.2021 IN IA NO.1/2021 IN WP(C) NO.25304/2021).

¶1339

5 INDIAN OIL CORPORATION LIMITED, REP. BY CHIEF REGIONAL MANAGER, KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR, P.M.K.TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE-673020. BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-SRI.M.GOPIKRISHNAN NAMBIAR R5-SRI.K.JOHN MATHAI R5-SRI.JOSON MANAVALAN R5-SRI.KURYAN THOMAS R5-SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN

¶1340

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1341

WP(C) Nos.9881/2020 & connected cases

¶1342

: 134 :

¶1343

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1344

PRESENT

¶1345

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 25325 OF 2020

¶1346

PETITIONER:

¶1347

JAMSHEER V.P., AGED 40 YEARS, S/O. MAMMU C.K, KODAMBATTIL MURIYANAL, KUNNAMANGALAM, KOZHIKODE

¶1348

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

¶1349

RESPONDENTS:

¶1350

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

¶1351

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

¶1352

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION,

¶1353

WP(C) Nos.9881/2020 & connected cases

¶1354

: 135 :

¶1355

KALPETTA, WAYANAD 673 122

¶1356

4 THE DISTRICT COLLECTOR, WAYANAD DIST., COLLECTORATE, WAYANAD, KALPETTA 673 122

¶1357

5 INDIAN OIL CORPORATION LIMITED REP. BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR, P.M.K TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIKLODE 673 020

¶1358

¶1359

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1360

WP(C) Nos.9881/2020 & connected cases

¶1361

: 136 :

¶1362

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1363

PRESENT

¶1364

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1365

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 25904 OF 2020

¶1366

PETITIONER:

¶1367

RATHISH N DAMODAR, NARAYANIYAM, H.NO.2479 A/24, THEVARA, ERNAKULAM DISTRICT, KOCHI-682013.

¶1368

BY ADVS. V.PREMCHAND SMT.SURYA MOHAN P.

¶1369

RESPONDENTS:

¶1370

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

¶1371

2 THE PRINCIPAL SECRETARY REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶1372

3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, ERNAKULAM, PIN-682 002.

¶1373

4 THE INDIAN OIL CORPORATION LTD., COCHIN DIVISIONAL OFFICE, PANAMPILLY NAGAR, KOCHI-682036.

¶1374

BY ADVS. R1-R3 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R3 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R4-SRI.M.GOPIKRISHNAN NAMBIAR R4-SRI.K.JOHN MATHAI

¶1375

WP(C) Nos.9881/2020 & connected cases

¶1376

: 137 :

¶1377

R4-SRI.JOSON MANAVALAN R4-SRI.KURYAN THOMAS R4-SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN

¶1378

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1379

WP(C) Nos.9881/2020 & connected cases

¶1380

: 138 :

¶1381

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1382

PRESENT

¶1383

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1384

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 26591 OF 2020

¶1385

PETITIONER:

¶1386

ZIYAD MUTHALEEF, AGED 40 YEARS, S/O. MUTHALEEF, POIKAVILA VEEDU, MEEYANA POST, OYOOR, KOLLAM.

¶1387

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

¶1388

RESPONDENTS:

¶1389

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

¶1390

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

¶1391

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOLLAM-691 008

¶1392

4 THE DISTRICT COLLECTOR, KOLLAM DIST, COLLECTORATE, KOLLAM-691 008

¶1393

5 BHARAT PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, COCHIN

¶1394

WP(C) Nos.9881/2020 & connected cases

¶1395

: 139 :

¶1396

¶1397

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1398

WP(C) Nos.9881/2020 & connected cases

¶1399

: 140 :

¶1400

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1401

PRESENT

¶1402

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1403

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 26596 OF 2020

¶1404

PETITIONER:

¶1405

HARIDAS V.P., AGED 51 YEARS, S/O.PARAMESWARAN NAIR, SREEPADMAM, MULLASSERI PARAMBIL, KOORKAPARAMBU, THIRUVEGAPURA, NADUVATTOM P.O., PATTAMBI, PALAKKAD.

¶1406

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

¶1407

RESPONDENTS:

¶1408

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

¶1409

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

¶1410

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI-676121.

¶1411

4 THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, COLLECTORATE, MALAPPURAM-676505.

¶1412

WP(C) Nos.9881/2020 & connected cases

¶1413

: 141 :

¶1414

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.

¶1415

¶1416

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1417

WP(C) Nos.9881/2020 & connected cases

¶1418

: 142 :

¶1419

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1420

PRESENT

¶1421

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 27914 OF 2020

¶1422

PETITIONER:

¶1423

HINDUSTAN PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, MR.SARABJIT SINGH, COCHIN RETAIL REGIONAL OFFICE, P.B.NO.1601, ERNAKULAM NORTH P.O., COCHIN - 682 018. BY ADVS. M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN SMT.NAYANPALLY RAMOLA SRI.HARIN RAWAL

¶1424

RESPONDENTS:

¶1425

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶1426

2 PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MUSEUM P.O., THIRUVANANTHAPURAM - 695 033.

¶1427

BY ADVS.

¶1428

SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENERAL SRI.P.NARAYANAN, SENIOR GOVT. PLEADER

¶1429

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1430

WP(C) Nos.9881/2020 & connected cases

¶1431

: 143 :

¶1432

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1433

PRESENT

¶1434

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1435

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 28055 OF 2020

¶1436

PETITIONERS:

¶1437

BHARAT PETROLEUM CORPORATION LIMITED, STATE RETAIL OFFICE, IRUMPANAM, KOCHI-682 309, REPRESENTED BY ITS TERRITORY MANAGER (RETAIL), CALICUT - MR. MANOJ K. BY ADVS. M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN SMT.NAYANPALLY RAMOLA SRI.HARIN RAWAL

¶1438

RESPONDENTS:

¶1439

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶1440

2 PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MUSEUM P.O., THIRUVANANTHAPURAM-695 033

¶1441

BY ADVS. SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENERAL SRI.P.NARAYANAN, SENIOR GOVT. PLEADER

¶1442

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1443

WP(C) Nos.9881/2020 & connected cases

¶1444

: 144 :

¶1445

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1446

PRESENT

¶1447

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1448

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 68 OF 2021

¶1449

PETITIONER:

¶1450

K.THANKACHAN, AGED 65, S/O. KOSHI, PRINCE VILLA, SOORANADU P.O., KOLLAM DISTRICT, PIN – 690 522.

¶1451

BY ADVS. K.R.VINOD SMT.M.S.LETHA

¶1452

RESPONDENTS:

¶1453

1 THE DISTRTICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM – 691013.

¶1454

2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM – 691013.

¶1455

3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN – 695001.

¶1456

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

¶1457

5 HINDUSTAN PETROLEUM CORPORATION LIMITED REPRESENTED BY ITS CHIEF REGIONAL MANAGER, P.B. NO. 1601, ERNAKULAM NORTH P.O, KOCHI – 682018.

¶1458

WP(C) Nos.9881/2020 & connected cases

¶1459

: 145 :

¶1460

6 ABY GEORGE, AGED 46, S/O. T.V. GEORGE, ABY BHAVAN, SOORANADU SOUTH, KOLLAM – 690522.

¶1461

BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5-SRI.M.GOPIKRISHNAN NAMBIAR R5-SRI.K.JOHN MATHAI R5-SRI.JOSON MANAVALAN R5-SRI.KURYAN THOMAS R5-SRI.PAULOSE C. ABRAHAM R5-SRI.RAJA KANNAN R6-SRI.R.SUNIL KUMAR R6-SMT.A.SALINI LAL

¶1462

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1463

WP(C) Nos.9881/2020 & connected cases

¶1464

: 146 :

¶1465

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1466

PRESENT

¶1467

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1468

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 249 OF 2021

¶1469

PETITIONER:

¶1470

SHEEBA S., AGED 37 YEARS, W/O.SUNDARESAN, VETTUVILANGATHIL, PADA NORTH, KARUNGAPPALLY, KOLLAM.

¶1471

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

¶1472

RESPONDENTS:

¶1473

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

¶1474

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

¶1475

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM - 691 001.

¶1476

4 THE DISTRICT COLLECTOR, KOLLAM DIST., COLLECTORATE, KOLLAM - 691 013.

¶1477

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

¶1478

WP(C) Nos.9881/2020 & connected cases

¶1479

: 147 :

¶1480

IRIMPANAM, KOCHI - 682 309.

¶1481

¶1482

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1483

WP(C) Nos.9881/2020 & connected cases

¶1484

: 148 :

¶1485

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1486

PRESENT

¶1487

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1488

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 2749 OF 2021

¶1489

PETITIONER:

¶1490

VEERAN N., AGED 32 YEARS, S/O MUHAMMED, NALAKATH HOUSE, ERANHIMANGAD P O, NILAMBUR, MALAPPURAM.

¶1491

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

¶1492

RESPONDENTS:

¶1493

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

¶1494

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

¶1495

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI-676121.

¶1496

4 THE DISTRICT COLLECTOR, MALAPPURAM DIST. COLLECTORATE, MALAPPURAM-676505.

¶1497

5 THE NAYARA ENERGY LTD., TERRITORY SALES MANAGER, 6B, 6TH FLOOR,

¶1498

WP(C) Nos.9881/2020 & connected cases

¶1499

: 149 :

¶1500

NOEL FOCUS, SEAPORT AIRPORT ROAD, CHITTETHUKARA, CSEZ P O, KOCHI-682037.

¶1501

BY ADVS. R1-R4 SRI. RANJITH THAMPAN, ADDL.A.G. R1-R4 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R5- SRI.K.DILIP

¶1502

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1503

WP(C) Nos.9881/2020 & connected cases

¶1504

: 150 :

¶1505

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1506

PRESENT

¶1507

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1508

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 5563 OF 2021

¶1509

PETITIONER:

¶1510

SATHYAN VANIYAMKANDY, S/O. KANARAN, AGED 52, VANIYAM KANDY HOUSE, CHERAPURAM P.O., KAKKATTIL VIA, VATAKARA THALUK, KOZHIKODE DISTRICT-673 507.

¶1511

BY ADV ZUBAIR PULIKKOOL

¶1512

RESPONDENTS:

¶1513

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

¶1514

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

¶1515

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOZHIKODE-678 001.

¶1516

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

¶1517

WP(C) Nos.9881/2020 & connected cases

¶1518

: 151 :

¶1519

5 INDIAN OIL CORPORATION LIMITED, REP.BY CHIEF DIVISIONAL MANAGER, KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR, P.M.K. TOWERS, CIVIL STATION POST 673 020.

¶1520

¶1521

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1522

WP(C) Nos.9881/2020 & connected cases

¶1523

: 152 :

¶1524

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1525

PRESENT

¶1526

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1527

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 5629 OF 2021

¶1528

PETITIONER:

¶1529

SREELAL VASUDEVAN, AGED 43 YEARS, S/O.VASUDEVAN, POTTUKULATH HOUSE, VALLAVOOR P.O., CHANGANSSERY.

¶1530

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

¶1531

RESPONDENTS:

¶1532

1 THE DISTRICT COLLECTOR, KOTTAYAM DIST., COLLLECTORATE, KOTTAYAM 686 001.

¶1533

2 ADDTIONAL DISTRICT MAGISTRATE COLLECTORATE, KOTTAYAM 686 001

¶1534

3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, KOTTAYAM 686 001

¶1535

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

¶1536

BY ADVS. R1-R3 SRI. RANJITH THAMPAN, ADDL.A.G.

¶1537

WP(C) Nos.9881/2020 & connected cases

¶1538

: 153 :

¶1539

R1-R3 SRI.P.NARAYANAN, SENIOR GOVT.PLEADER R4- SRI.K.DILIP

¶1540

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1541

WP(C) Nos.9881/2020 & connected cases

¶1542

: 154 :

¶1543

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶1544

PRESENT

¶1545

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶1546

THURSDAY, THE 5^TH DAY OF AUGUST 2021/14TH SRAVANA, 1943 WP(C) NO. 8332 OF 2021

¶1547

PETITIONER:

¶1548

MUJEEB RAHIMAN V., AGED 39 YEARS, S/O ALAVI, VALAPPIL HOUSE, SOUTH KODIYATHUR, KOZHIKODE.

¶1549

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

¶1550

RESPONDENTS:

¶1551

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

¶1552

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

¶1553

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

¶1554

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

¶1555

WP(C) Nos.9881/2020 & connected cases

¶1556

: 155 :

¶1557

5 INDIAN OIL CORPORATION LIMITED, REP. BY ITS CHIEF REGIONAL MANAGER, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD,VALLAKKADAVU P.O, THIRUVANANTHAPURAM-695008.

¶1558

¶1559

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, ALONG WITH WP(C).9881/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶1560

[CR]

¶1561

WP(C) Nos.9881/2020 & connected cases

: 156 :

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 5^th day of August, 2021

¶1566

[WP(C) Nos.9881/2020, 29361/2019, 33640/2019, 35036/2019, 35334/2019, 3549/2020, 4607/2020, 4614/2020, 8075/2020, 9008/2020, 10452/2020, 10649/2020, 10816/2020, 11085/2020, 11212/2020, 11338/2020, 11353/2020, 11424/2020, 11449/2020, 11652/2020, 11765/2020, 11862/2020, 11873/2020, 11876/2020, 11878/2020, 11879/2020, 11892/2020, 11893/2020, 11978/2020, 12093/2020, 12106/2020, 12151/2020, 12186/2020, 12253/2020, 12269/2020, 12290/2020, 12312/2020, 12319/2020, 12322/2020, 12323/2020, 12329/2020, 12357/2020, 12365/2020, 12367/2020, 12396/2020, 13235/2020, 13290/2020, 14155/2020, 14585/2020, 14848/2020, 15228/2020, 15610/2020, 15613/2020, 15710/2020, 15815/2020, 16652/2020, 16659/2020, 16853/2020, 17084/2020, 17901/2020, 18256/2020, 18463/2020, 18542/2020, 18543/2020, 20308/2020, 20324/2020, 21339/2020, 22208/2020, 25243/2020, 25290/2020, 25304/2020, 25325/2020, 25904/2020, 26591/2020, 26596/2020, 27914/2020, 28055/2020, 68/2021, 249/2021, 2749/2021, 5563/2021, 5629/2021 and 8332/2021]

¶1567

These writ petitions are filed by Oil Marketing

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Companies and various Franchisees selected by them for starting Petroleum Fuel Retail Outlets in Kerala. They are

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WP(C) Nos.9881/2020 & connected cases

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: 157 :

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aggrieved by the non-grant of / rejection of application for issuing, No Objection Certificates (NOCs) by the District Authorities, for establishing Petroleum Fuel Retail Outlets in various places in Kerala as contemplated under Rule 144 of the Petroleum Rules, 2002. Their applications were rejected mainly on the ground that the locations of such Petroleum Fuel Retail Outlets do not satisfy the conditions stipulated in the Indian Road Congress (IRC) Guidelines or the relevant orders issued by the Government of Kerala for Access Permission to Fuel Stations. Some of the writ petitioners seek to desist the respondent-District Authorities from granting NOCs to OMCs/Franchisees in violation of existing guidelines and challenging the NOCs already granted.

¶1572

As these writ petitions are filed challenging the same Government Orders and as common questions of law arise, they were heard together and are disposed of by a common judgment. The exhibits produced in these writ petitions are referred to in this judgment as they are marked in W.P.(C) No.28055/2020.

¶1573

WP(C) Nos.9881/2020 & connected cases : 158 :

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The Public Works Department (PWD) of

¶1575

Government of Kerala has been following the Government of India, Ministry of Road Transport and Highways (MoRTH), specifications and Indian Road Congress (IRC) standards for the roads under the Kerala PWD including State Highways and Major District Roads, for granting access permission to Petroleum Fuel Retail Outlets (hereinafter referred to as 'Fuel Stations' for short). By Ext.P1 G.O.(Ms) No.46/2019/PWD dated 22.10.2019 of the Joint Secretary, PWD, the Government of Kerala accorded sanction for including “IRC: 12-2016 Unified Guidelines for Access Permission to Fuel Stations” in the PWD Manual (Revised 2012) as appendix. The IRC standards prescribed stringent norms for grant of access permission to Fuel Stations including requirement of minimum distance from road intersections.

¶1576

The Government of India issued Notification No.28 effective from 01.12.2019, withdrawing the said IRC:12-2016 Unified Guidelines for Access Permission to Fuel Stations. The Government of Kerala thereupon examined the matter in

¶1577

WP(C) Nos.9881/2020 & connected cases

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: 159 :

¶1579

detail and prescribed new norms in substitution of IRC standards for access permission to Fuel Stations, as per Ext.P2 G.O.(Ms) No.16/2020/PWD dated 10.02.2020. According to the writ petitioners, the new norms were also very stringent and identical to the IRC standards which were withdrawn by the Government of India. A large number of writ petitions were filed before this Court challenging the new norms introduced by the Government of Kerala as per Ext.P2 GO (Ms) No.16/2020/PWD dated 10.02.2020.

¶1580

Thereupon, the Government of Kerala, as per Ext.P3 G.O. (Rt) No.551/2020/PWD dated 23.06.2020, constituted an Expert Committee to study and report the norms for ensuring the safety of roads and traffic in Kerala. The Expert Committee was required to submit a report to the Government within one month and it was also made clear that till the Committee submits its report, the present norms will be continued. The Expert Committee submitted a report on 28.07.2020, along with a new set of guidelines.

¶1581

The proposals of the Expert Committee included

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levy of certain fees towards processing applications for access permit and fee for access permit. The guidelines also mandated Bank Guarantee and provided for imposition of penalty for operating energised Fuel Station without obtaining prior permission. The Government of Kerala, as per Ext.P4 G.O.(Ms) No.67/2020/PWD dated 16.10.2020, approved the proposed Guidelines for Access Permission to Fuel Stations along State Highways and Major District Roads and directed to carry out necessary amendments in the PWD Manual. In these writ petitions, G.O.(Ms) No.16/2020/PWD dated 10.02.2020 and G.O.(Ms) No.67/2020/PWD dated 16.10.2020 are under challenge.

¶1584

The petitioners contend that Ext.P4 G.O. is unconstitutional, lacking legislative or statutory authority. “Petroleum” is a Central subject falling within Entry No.53 of List I of Seventh Schedule of the Constitution. Hence, only Parliament and Central Government can make rules regulating establishment of Fuel Stations. The State PWD is not competent to issue an order in the nature of Ext.P4.

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WP(C) Nos.9881/2020 & connected cases

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: 161 :

¶1587

Ext.P4 is unsustainable as it offends the fundamental right of the citizens under Article 19(1)(g). Ext.P4 regulates grant of Access Permit to Fuel Stations alone and leave aside various other commercial and other institutions like Shopping Malls, Commercial Building Complexes, Theatres, etc. which also utilises access from State Highways / Major Roads at a much higher scale. Ext.P4 is therefore grossly arbitrary and discriminatory, offending Article 14.

¶1588

Ext.P4 imposes severe pecuniary liability by way of non-refundable processing fee, exorbitant licence fee, heavy Bank Guarantee, imposition of penalty, etc., contend the petitioners. Those monetary demands / liabilities are not authorised by law. Regularisation Fee prescribed retrospectively is bad in law. Such demands lack legislative support to be a demand of tax and the test of quid pro quo, to be a demand of fee. In the judgment in Mary Ulahannan v. Union of India and others [2011 (3) KLT 570] , this Court has held that the Government of Kerala has no authority to lay down volume / distance norms for Fuel Stations and the said

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WP(C) Nos.9881/2020 & connected cases

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: 162 :

¶1591

judgment was upheld by the Hon’ble Apex Court. However, Ext.P4 stipulates a distant norm, which is against the judgment of the Apex Court.

¶1592

The Government has passed Ext.P4 G.O. based on an Expert Committee Report. But, the Committee consisted only of officers from PWD. Neither the Road Safety Authority nor the Traffic Commissioner was made a member of the Committee. The Committee did not consult anybody. Even the suggestions of the Oil Marketing Companies were not taken into account. The Guidelines proposed by the said Committee were not based on any empirical data. In the circumstances, Ext.P4 Guidelines are liable to be quashed, the petitioners asserted.

¶1593

The respondent-State of Kerala contested the writ petitions filing counter affidavits. The respondents stated that the Petroleum Act and Rules deal with import, transport, storage, production, refining and blending of petroleum products, but do not deal with road safety aspect. The District Authority, while considering an application for NOC made

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WP(C) Nos.9881/2020 & connected cases

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: 163 :

¶1596

under Rule 144 of the Petroleum Rules, 2002, to start a Fuel Station, can indeed consider whether the site proposed by an applicant is objectionable or not. While considering an application under Rule 144, the District Authority will consider various aspects including the views of Fire and Rescue Department, District Medical Office and the PWD which is the Department primarily responsible for Road Safety.

¶1597

Rule 144 was amended on 10.08.2018 incorporating sub-Rule (7) and a proforma thereunder. The Rule read with the proforma would make it amply clear that the District Authority, while considering an application for NOC, has to consider traffic density and impact on traffic and also any other matter pertinent to public safety. The District Authorities were following MoRTH and IRC guidelines while considering applications under Rule 144, keeping in mind the public safety aspect.

¶1598

The MoRTH, Government of India has subsequently issued Ext.R2(a) Notification dated 26.06.2020 giving detailed guidelines for grant of permissions for

¶1599

WP(C) Nos.9881/2020 & connected cases : 164 :

¶1600

construction of access to Fuel Stations / Wayside amenities, Private Properties and Rest Area complexes connecting roads and such other facilities / establishments. The guidelines in Ext.P4 were formulated considering safety of road users and smooth flow of traffic in the State Highways and Major District Roads. The provisions in Ext.P4 relate to Highway Traffic, smooth entry and exit of vehicles from/to the Fuel Stations, avoiding vehicles coming for refueling build up on the road, etc.

¶1601

An Expert Committee was formed to work on necessary guidelines in this regard. Formal meetings were held and the representations received from the stakeholders were discussed. Ext.R2(b) draft report was submitted by the Committee to the Government on 28.07.2020. The draft report was considered by the Government, discussions were held and finally Ext.P4 G.O. was issued on 16.10.2020. Ext.P4 has been issued in exercise of the executive power of the Government and is referable to the Kerala Highway Protection Act, 1999 read with Article 162 of the Constitution

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WP(C) Nos.9881/2020 & connected cases

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: 165 :

¶1604

of India. The legislative competence of the Government is referable to Entry 5, 13 & 66 of List II and Entry 35 and 47 of List III of Seventh Schedule.

¶1605

As regards picking out only Fuel Stations for framing guidelines for access permission, the respondents stated that the pattern and size and the type of vehicles entering Malls and Shopping Complexes are different from those using Fuel Stations and hence the Fuel Stations require special guidelines. Therefore, there is no arbitrariness or discrimination. The guidelines are applicable only to new Fuel Stations, and not to the existing ones. However, the existing Fuel Stations are required to apply for access permission paying a one-time fee.

¶1606

As regards levying of fees, the respondents stated that the Government has to incur a regular expenditure by way of providing regulatory and informatory sign boards, road markings, traffic regulation personnel or devices which are recurring expenses. The levy of fees is very reasonable. The penalty amount is also not exorbitant, though it has an

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WP(C) Nos.9881/2020 & connected cases

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: 166 :

¶1609

element of deterrence. Minimum plot size for Fuel Stations is fixed taking into consideration safety aspects in emergency situations. Sight distance is prescribed since visibility is an important requirement for the safety of travel. Stopping Sight Distance (SSD) has to be maintained in the interest of persons travelling on highways. If the Fuel Station is too close to road intersections, the vehicles entering and exiting in Fuel Stations would create conflict with other vehicles turning to the side roads. Therefore, requisite distance from road intersections has to be maintained.

¶1610

The decisions contained in the guidelines are taken by an expert body which is presumed to know the nature and character of the problem. The decision taken by such a body cannot be interfered with, in exercise of the powers under Article 226 of the Constitution of India in the absence of patent errors, contended the respondents.

¶1611

Sri. Harin Rawal, Senior Counsel who appeared at the instance of counsel for the petitioners in W.P.(C) No.28055/2020 argued that the State lacks legislative

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WP(C) Nos.9881/2020 & connected cases : 167 :

¶1613

competence to deal with petroleum products. Though Ext.P4 G.O. purports to deal with matters relating to traffic and Public Works Department, it in effect, attempts to regulate Fuel Stations, which is impermissible. This is evident from the fact that though Access Permission in respect of National Highways, State Highways and Major District Roads, is applicable to all citizens and establishments, the Kerala Government has chosen only Fuel Stations, to be brought under a regulatory framework. Major commercial establishments functioning along the Highways, like Shopping Malls, Commercial Complexes and Theatres, are kept out of the purview of Ext.P4 or any other guidelines.

¶1614

Senior Counsel Sri. Harin Rawal pointed out that in Mary Ulahannan (supra), this Court has held that if a person is entitled to have a Fuel Station on the basis of NOC issued by the Central Government, the eligibility is not liable to be watered down by the State Government on the basis of any Quantum Rule or Distance Rule framed by it. The State has no executive power to do so. The said judgment of a learned

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WP(C) Nos.9881/2020 & connected cases

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: 168 :

¶1617

Single Judge was upheld by the Hon'ble Apex Court. Therefore, the issue now is barred by the principles of res judicata and Issue Estoppel.

¶1618

The adoption of IRC Guidelines again under Ext.P4 G.O. is an instance of ‘malice in law’. Ext.P4 is issued with the ulterior motive of getting over the judgments of this Court. In fact, by Ext.P7 letter, the State Government had conceded that only the Central Government has the power to regulate Fuel Stations. The learned Senior Counsel further urged that when Access Permit to State Highways and Major District Roads is governed by the Kerala Highway Protection Act, 1999, the State Government has to invoke provisions under the statute and cannot invoke general powers to issue executive instructions.

¶1619

The learned Senior Counsel further urged that Ext.P4 is hit by Wednesbury Unreasonableness. The Guidelines were drafted hurriedly, without due deliberations and in an opaque manner. There was complete absence of meaningful consultation. Even an administrative order having

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WP(C) Nos.9881/2020 & connected cases

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: 169 :

¶1622

civil consequences, must be consistent with the principles of natural justice. Ext.P4 G.O. is bereft of reasons. No empirical data was gathered while framing the guidelines. The learned Senior Counsel brought to the notice of this Court a number of judgments of the Hon’ble Apex Court in support of his arguments.

¶1623

Senior Counsel Sri. S. Srikumar appearing at the instance of the counsel for the petitioners in W.P.(C) Nos.11892, 15613, 15815 and 25243 of 2020 argued that choosing only Fuel Stations to be brought under regulatory framework for Access Permit, smacks of arbitrariness. The issue is covered in favour of the petitioners by the judgment of this Court in Mary Ulahannan (supra), which judgment has been upheld by the Apex Court. Framing a distance rule for Fuel Stations is beyond the powers of the State Government. Ext.P4 has been issued only to favour the existing Outlet Operators.

¶1624

Sri. R. Sunilkumar, counsel for the petitioners in W.P.(C) Nos.13235, 17084, 18542, 26591 of 2020 and a

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WP(C) Nos.9881/2020 & connected cases

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: 170 :

¶1627

number of other writ petitions, relying on the judgment in Reliance Industries Ltd. and others v. The Commissioner of Land Revenue and others [2007 (2) KLT 850] , argued that the Petroleum Rules, 2002 are exhaustive and a District Authority entertaining an application for NOC under Rule 144 cannot take into consideration anything not provided for by those Rules. In Mary Ulahannan (supra), this Court has held that it is impermissible for the State Government to prescribe a distance rule for Petroleum Fuel Outlets. Still, Ext.P4 which is in the nature of mere guidelines, takes away the fundamental right to carry on business, guaranteed to the petitioners under Article 19(1)(g), on the basis of a distance rule. Sri. R.Sunilkumar further pointed out that even in the Kerala Municipal Building Rules, 2019 framed by the State Government, no separate provisions are made in respect of Fuel Stations and Rule 47 specifically states that Fuel Stations will be governed by the Petroleum Act. When statutory rules are framed, the State has left the matter to be governed by Petroleum Act and Rules and hence the State cannot take a

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WP(C) Nos.9881/2020 & connected cases

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: 171 :

¶1630

contrary view by framing/accepting Guidelines. Furthermore, the Petroleum Fuel Outlets are included in the “Green” Category by the Pollution Control Board, pointed out the learned counsel for the petitioners.

¶1631

M/s. A. Salinilal, M.R. Anison, V. Premchand, Akash, K.R. Vinod, Bibin K. Divakaran, S.V. Premakumaran Nair, Santhosh Mathew, V. Sri Nath, S. Biju (Kizhakkanela), Joseph George, Subair Pulikkool, Millu Dandapani and Nayanpally Ramola, learned counsel appearing for petitioners in the writ petitions, also advanced extensive arguments on behalf of the petitioners.

¶1632

Additional Advocate General Sri.Ranjith Thamban and Senior Government Pleader P. Narayanan advanced arguments on behalf of the State of Kerala, in support of Ext.P4 G.O. and the orders passed by various District Authorities. It was pointed out that Ext.P1 G.O. dated 22.10.2019 issued broadly incorporating the IRC standards, was subjected to challenge in W.P.(C) No.33997/2019 and a learned Single Judge upheld Ext.P1 GO. In Writ Appeal

¶1633

WP(C) Nos.9881/2020 & connected cases

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: 172 :

¶1635

No.172/2020, though a Division Bench of this Court set aside the judgment of the learned Single Judge, no findings were made by the Division Bench on the legality of Ext.P1.

¶1636

As the Central Government withdrew IRC standards, the Government of Kerala constituted an Expert Committee on 23.06.2020 to formulate further norms if required. The Committee met on 23.07.2020 and 18.08.2020. The Committee prepared the final draft on 28.08.2020 and submitted to Government of Kerala. Based on the recommendations of the Expert Committee, Ext.P4 G.O. was issued on 16.10.2020. The learned Additional Advocate General further pointed out that the Government of India, MoRTH has, in the meanwhile, resurrected the IRC standards.

¶1637

The legislative power of the State of Kerala in this regard is referable to Entry 13 (Roads) in List II. Ext.P4 has been issued invoking Article 162 of the Constitution. The Kerala Highway Protection Act,1999 does not provide any guidance in the matter of grant of Access Permission to State Highways and Major District Roads. Though the State has

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WP(C) Nos.9881/2020 & connected cases

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: 173 :

¶1640

rule making power under Section 36(2)(b) of the Act, 1999, no rules have been framed in this regard. Hence, executive power of the State under Article 162 can be exercised and Ext.P4 is a result of such exercise of constitutional power by the the executive Government.

¶1641

Though Access Permission is mandatory for all, the Fuel Stations are chosen first for regulation taking into consideration its hazardous nature. Various States in India including Punjab, Madhya Pradesh, Haryana and Uttar Pradesh have already put in place such regulatory mechanism. Distinguishing the judgment of this Court in Mary Ulahannan (supra), the learned Additional Advocate General pointed out that the Quantity Rule and Distance Rule dealt with in the said judgment were prescribed by the State Government for regulating business volume and this Court found that the State Government has no such power. But, in Ext.P4, minimum distance from road intersections is prescribed considering traffic requirements, which would fall within the legislative and executive powers of the Government.

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WP(C) Nos.9881/2020 & connected cases

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: 174 :

¶1644

Therefore, the judgment in Mary Ulahannan (supra) would not be of any avail to the petitioners.

¶1645

The learned Senior Government Pleader Sri. P.Narayanan argued that after the amendment made to Rule 144 of the Petroleum Rules, 2002 incorporating sub-Rule (7) and proforma thereunder, the District Authorities are legally bound to consider traffic requirements and public safety while issuing NOC for Fuel Stations. Ext.P4 providing guidelines for Access Permit therefore cannot be found fault with. A District Authority can very well consider the requirements in Ext.P4 while issuing/refusing NOC. These writ petitions are therefore without any legal force and are liable to be dismissed, contended the learned Senior Government Pleader.

¶1646

Heard the counsel appearing for the petitioners and the respondents.

¶1647

The first and foremost question arising for consideration in these writ petitions is whether the District Authority considering an application for NOC for issuance of licence under Rule 144 of the Petroleum Rules, 2002 for

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WP(C) Nos.9881/2020 & connected cases

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: 175 :

¶1650

establishing a Fuel Station, can decline NOC for the reason that the site proposed for Fuel Station does not satisfy the requirements in Ext.P4 Guidelines for Access Permission to Fuel Station along State Highways and Major District Roads. Rule 144 of the Petroleum Rules read as follows:-

¶1651

“ 144. No-objection certificate – (1) Where the licensing authority is the Chief Controller or the Controller, as the case may be, an applicant for a new licence other than a licence in Forms III, XI, XVII, XVIII, or XIX shall apply to the District Authority with two copies of the site-plan showing the location of the premises proposed to be licensed for a certificate to the effect that there is no objection, to the applicant receiving a licence for the site proposed and the District Authority shall, if he sees no objection, grant such certificate (in the proforma specified in sub-rule 7) to the applicant who shall forward it to the licensing authority with his application in Form IX.

¶1652

(Note – The licensing authority shall accept the no objection certificate within a period of three years from the date of its issue for considering grant of licence.)

¶1653

(2) Every certificate issued by the District Authority under sub-rule (1) shall be accompanied by a copy of the plan of the proposed site duly endorsed by him under his official seal.

¶1654

(3) The Chief Controller or the Controller as the case may be, may refer an application not accompanied by certificate granted under sub-rule (1) to the District Authority for his observations.

¶1655

(4) If the District Authority, either on a reference being made to him or otherwise, intimates to the Chief Controller or the Controller as the case may be, that any licence which has been applied for should not, in his opinion, be granted, such licence shall not be issued without the sanction of the Central

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WP(C) Nos.9881/2020 & connected cases

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: 176 :

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Government.

¶1659

(5) The District Authority shall complete his inquiry for issuing NO OBJECTION CERTIFICATE (NOC) under sub-rule (1) and shall complete the action for issue or refusal of the NOC, as the case may be, as expeditiously as possible but not later than three months form the date of receipt of application by him.

¶1660

(6) Where the location of storage of petroleum is within the notified area of a Port or Airport under the control of the state, or establishment of Indian Space Research Organisation or Department of Atomic Energy, NO OBJECTION CERTIFICATE from the District Authority referred to in sub-rules (1) to (5) shall not be required:

¶1661

Provided that consent for establishment of petroleum storage from the competent authority of concerned notified area or head of the establishment, as the case may be, is obtained.”

¶1662

(7) The district authority shall issue a no objection certificate in the following proforma, namely:-

¶1663

PROFORMA NO OBJECTION CERTIFICATE (See rule 144)

¶1664

No.................. Date...............

¶1665

Subject:- No objection certificate With reference to the application No.......... dated …....... submitted by …........ and in pursuance of rule 144 of the Petroleum Rules, 2002, there is no objection for granting licence under the Petroleum Rules, 2002 to Shri./Smt./M/s. …................................. address …............ for storage of petroleum products in their premises at Survey No. …............/Gat No................./Khasra No....................... Plot No.................... Village …............. Taluka/Tehsil ….................. District ….................. State …............ as shown in the site plan duly endorsed and enclosed herewith.

¶1666

(1) The following particulars have been considered while issuing this no objection certificate, that--

¶1667

(a) possession of the site by the applicant is lawful and authorisation from land owner or lease

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WP(C) Nos.9881/2020 & connected cases

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: 177 :

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holder for developing premises under these rules for storage of petroleum products;

¶1671

(b) interest of public, specially the facilities like schools, hospitals or proximity to places of public assembly and the mitigating measures, if any, is provided;

¶1672

¶1673

(d) conformity of proposal to the local or area development planning;

¶1674

(e) accessibility of the site to fire tenders in case of emergency and preparedness of fire services for combating the emergencies;

¶1675

(f) genuineness of purpose;

¶1676

(g) any other matter pertinent to public safety; Signature of the district authority issuing no objection certificate with his office seal (in towns having a Commissioner of Police, the Commissioner or a Deputy commissioner of Police and for any other place the District Magistrate)”

¶1677

Sub-section (7) and proforma under Section 144 were inserted by G.S.R. 762(E) dated 10.08.2018 with effect from 10.08.2018.

¶1678

The Petroleum Act, 1934 is a Central legislation and Rule 144 of the Petroleum Rules, 2002 is contained in Chapter VII therein. The District Authority while considering an application for NOC is acting as a statutory authority under

¶1679

the Petroleum Act, 1934 and the Petroleum Rules, 2002. While considering a case under the Petroleum Rules, 2002

¶1680

though under a different context, this Court in Reliance

¶1681

WP(C) Nos.9881/2020 & connected cases

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: 178 :

¶1683

Industries Ltd. (supra) held that the Authority to decide on a request for NOC is legislatively chosen and that every Authority other than Central Government, acting under Chapter VII, shall perform its duties subject to the control of the Central Government. In paragraph 17 of the said judgment, this Court held as follows:

¶1684

“17. When an applicant for a new licence applies to the District Authority, with two copies of the site plan, as enjoined by R.144, showing the location of the premises proposed to be licensed, for NOC, the District Authority shall grant such certificate, “if he sees no objection”. The nature of authority so exercised by the District Authority is to ensure that the application conforms and satisfies the requisites for the grant of licence under the Petroleum Rules. Even if NOC is not refused, the power vests with the Central Government to allow issuance of licence. Therefore, for the District Authority to see, or not, any objection to grant NOC, that authority has to confine his evaluation of the facts to be with reference to the Petroleum Rules only. Nothing more, nothing less. ”

¶1685

This Court further held that the Authority to grant licence in terms of Rule 144 of the Petroleum Rules shall grant NOC, unless he sees an objection referable to the Petroleum Act and / or Rules.

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WP(C) Nos.9881/2020 & connected cases

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: 179 :

¶1688

The judgment in Reliance Industries Ltd. (supra)

¶1689

was delivered on 19.03.2007. Rule 144 of the Petroleum Rules, 2002 was however amended on 10.08.2018 inserting sub-rule (7) to Rule 144. By this amendment, the District Authority was required to issue NOC in the Proforma given thereunder. As per the Proforma, the District Authority in its NOC has to certify that certain particulars mentioned in the Proforma have been considered. Those particulars are:

¶1690

“( a ) possession of the site by the applicant is lawful and authorisation from land owner or lease holder for developing premises under these rules for storage of petroleum products;

¶1691

( b ) interest of public, specially the facilities like schools, hospitals or proximity to places of public assembly and the mitigating measures, if any, is provided;

¶1692

( c ) traffic density and impact on traffic;

¶1693

( d ) conformity of proposal to the local or area development planning;

¶1694

( e ) accessibility of the site to fire tenders in case of emergency and preparedness of fire services for combating the emergencies;

¶1695

( f ) genuineness of purpose.

¶1696

( g ) any other matter pertinent to public safety.”

¶1697

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¶1698

Under Clause (b) above, the District Authority has to consider the interest of the public and to see whether there are facilities like Schools and Hospitals and whether the proposed site is proximate to places of public assembly. In such cases, the District Authority also has to consider whether and what mitigating measures are provided.

¶1699

Under Clause (c), the District Authority has to consider the traffic density and possible impact of the Fuel Outlet on traffic, if it is started in the proposed site. The District Authority, in view of Clause (e), has to take into account accessibility of the Site to fire tenders in case of emergency and preparedness of fire service for combating the emergencies. The District Authority can also consider any other matter pertinent to public safety, in view of Clause (g). Therefore, there is no doubt that a District Authority can look into the impact of proposed Fuel Stations on the traffic density and traffic, and into matters relating to public safety, while exercising powers under Rule 144 of the Petroleum Rules.

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WP(C) Nos.9881/2020 & connected cases

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: 181 :

¶1702

However, in these writ petitions, wherever the District Authority has declined NOC or has not issued NOC, such decision seems to be based on whether the proposed site for Fuel Station satisfies the requirements for access permit as provided under Ext.P4 Guidelines. The question therefore is whether the District Authority is justified in declining NOCs based on Ext.P4 Guidelines for Access Permission to Fuel Station along State Highways and Major District Roads.

¶1703

Control of access to the National Highways is governed by Chapter IV of the Control of National Highways (Land and Traffic) Act, 2002 which is an enactment made to provide for control of land within the National Highways, right of way and traffic moving on the National Highways and for removal of unauthorised occupation thereon. Section 28 of the Act, 2002 reads as follows:

¶1704

“ 28. Right of access - (1) No person shall have right of access to a Highway either through any vehicle or on foot by a group of five or more persons except permitted by the Highway Administration either generally or specifically in the manner specified in section 29.

¶1705

(2) The access to a Highway under sub-section (1)

¶1706

WP(C) Nos.9881/2020 & connected cases

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: 182 :

¶1708

shall be subject to the guidelines and instructions issued by the Central Government from time to time. (3) The Highway Administration may, by notification in the Official Gazette, declare a Highway or any portion thereof to be limited for access in the manner as specified in such notification and may also impose any restriction or control on such access to, from or across such Highway as specified in that notification.”

¶1709

The procedure for permission to access is given in Section 29 which reads as follows:

¶1710

“ 29. Procedure for permission to access to Highway — (1) The general permission under subsection (1) of section 28 shall be given by issuing notification in the Official Gazette for such purpose and specific permission under that sub-section shall be given in the manner specified hereinafter under this section.

¶1711

(2) Any person desirous of obtaining specific permission referred to in sub-section (1) may make an application in the prescribed form to the Highway Administration specifying therein the means of access to which such permission relates and shall also be accompanied with such fees as may be prescribed and the Highway Administration shall, after considering the application either give the permission with or without the terms and conditions as may be prescribed or reject the application as it may deem fit.

¶1712

(3) In case, where the permission has been given in respect of the application made under sub-section (2), the person to whom such permission has been given shall obtain the licence from the Highway Administration in the prescribed form enumerating therein the terms and conditions, if any, subject to which such permission has been given, and such permission shall be renewed after such period and in such manner as may be prescribed.

¶1713

WP(C) Nos.9881/2020 & connected cases

¶1714

: 183 :

¶1715

(4) If any person contravenes the provisions of subsection (1) of section 28 or violates any terms and conditions subject to which permission has been given under sub-section (2) including non-renewal of licence obtained under sub-section (3), his access to Highway under the permission under sub-section (1) or subsection (3), as the case may be, shall be deemed to be unauthorised access and the Highway Administration or the officer authorised by such Administration shall have the power to remove such access and where necessary, the Highway Administration or such officer may use the necessary force with the assistance of the police to remove such access.”

¶1716

Thus, a person intending to obtain specific access permission to National Highways has to make an application to Highway Administration. Rule 14 of the Highways Administration Rules, 2004 provides for the form of application and the fee to be paid. Section 48 of the Act, 2002 gives overriding effect to the Act, 2002 over other laws and over instruments having effect by virtue of any law.

¶1717

The Control of National Highways (Land and Traffic) Act, 2002 in Section 44 declares that officers constituting Highway Administration and any other officer authorised by such administration shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

¶1718

WP(C) Nos.9881/2020 & connected cases : 184 :

¶1719

Any order passed in relation to access permission to National Highways under Section 28 of the Act, 2002 is appealable under Section 14, to the National Highways Tribunal. From the Scheme of the Control of National Highways (Land and Traffic) Act, 2002 and from the statutory provisions, it is evident that grant or denial of specific access permission to National Highways is a statutory exercise of power under the Act.

¶1720

The State of Kerala enacted the Kerala Highway Protection Act, 1999 to provide for the protection of Highways and for the regulation of highway development in the State. For the purpose of Act, 1999, “highway” means any road, way or land declared as a highway under Section 3 and would include any land acquired or demarcated for construction of highway. Section 3 of the Act,1999 reads as follows:

¶1721

“ 3. Declaration of roads, ways or land as highway -

¶1722

(1) The Government may, by notification in the Gazette, declare any road, way or land appurtenant thereto to be a highway and classify it as a State highway or a hill highway or a major district road or any other category of road.

¶1723

WP(C) Nos.9881/2020 & connected cases

¶1724

: 185 :

¶1725

Explanation - For the purpose of classification of highways under this section, important roads within a district or adjoining districts serving areas of production and market and connecting these with each other or with a State highway or a national highway shall be considered as a major district road and arterial routes of the State linking district headquarters and important cities or towns or important places of tourist interest or pilgrim centres within the State and connecting them with national highways or highways of neighbouring States shall be considered as a State highway.

¶1726

(2) Every notification under sub-section (1) shall also be published by Government in at least two daily news papers having wide circulation in the area to which the notification relates.”

¶1727

Section 19(1) of the Act, 1999 provides that no person shall construct, form or layout any means of access to or from a

¶1728

highway without a written permission of the Highway Authority.

¶1729

Section 19(1) reads as follows:

¶1730

“ 19. Restriction on use of land between the highway boundary and building line -

¶1731

(1) Notwithstanding anything contained in any other law for the time being in force or in any agreement or other instrument, no person shall, -

¶1732

(a) construct, form or lay out any means of access to or from a highway, or a compound wall without a written permission of the highway authority; or

¶1733

(b) erect or re-erect any building or materially alter the outside structural features of any existing building including any additions; or

¶1734

WP(C) Nos.9881/2020 & connected cases

¶1735

: 186 :

¶1736

(c) alter the level of land by lowering, raising, digging or filling up except with the written permission of the highway authority; or

¶1737

(d) construct, form or lay out any works, upon land lying in between the boundary of a highway and the building lines determined in respect of that highway:

¶1738

Provided that these restrictions shall not apply to any work in connection with the repair renewal, enlargement or maintenance or improvement of any sewer, drain, electric line, pipe, duct or other apparatus, constructed in or upon the land before the date of commencement of this Act.”

¶1739

Section 36 empowers the Government to make rules providing the standards that have to be followed in granting permission for access to highways and to give general guidance for the Highway Authority in discharge of its functions under the Act. In view of Section 36(3), such rules are to be laid before the legislative assembly while it is in session.

¶1740

In exercise of the rule making power under Section 36 of the Act,1999, the Government of Kerala has made the Kerala Highway (Control of Access and Restriction on Use of Land) Rules, 2000. However, the rules provide for only Permission for approach roads, Construction of approach

¶1741

WP(C) Nos.9881/2020 & connected cases

¶1742

: 187 :

¶1743

roads and permission for altering the level of land adjacent to a highway. The Rules, 2000 do not regulate access permission.

¶1744

When the Kerala Highway Protection Act, 1999 provides for access permission and empowers the Government to frame rules prescribing standards that have to be followed in granting access permission, the Government has opted not to go through the right royal statutory route by framing rules, but has instead deemed it enough to formulate guidelines to be followed by officers of the State. The question is whether, on the basis of such guidelines, a District Authority exercising powers under Rule 144 of the Petroleum Rules, 2002 can refuse to issue NOC for licence for the reason that a proposed site for Fuel Station does not satisfy the requirements under the Guidelines for grant of access permission ?

¶1745

The District authority cannot rely on non-adherence to Ext.P4 Guidelines on access permission for rejecting an application, for more than one reason. Grant of access

¶1746

WP(C) Nos.9881/2020 & connected cases

¶1747

: 188 :

¶1748

permission as regards National Highways or State Highways and Major District Roads, is statutorily governed. In the case of National Highways, right to access is governed by Section 28 and 29 of the Control of National Highways (Land and Traffic) Act, 2002 whereas permission for access as regards State Highways and Major District Roads, is governed by Section 19 of the Highway Protection Act, 1999.

¶1749

Grant or refusal of access permission is therefore a statutory function which can be exercised only by the empowered authority under those legislations, which is the Highway Authority/Highway Administration. In view of Section 4 of the Highway Protection Act, 1999 the Government can appoint only the Executive Engineer (Roads) or Executive Engineer (National Highways) of the Public Works Department as the Highway Authority. The Government cannot delegate that function to a District Collector. Only the Highway Administration in the case of National Highways and the Highway Authority in the case of State Highways and Major District Roads, would be competent to grant or refuse access

¶1750

WP(C) Nos.9881/2020 & connected cases

¶1751

: 189 :

¶1752

permissions to Fuel Stations.

¶1753

Section 14 of the Control of National Highways (Land and Traffic) Act, 2002 provides for an appellate Mechanism and a person aggrieved by an order of the Highway Administration on Access Permission is entitled to a statutory appellate remedy before the National Highways Tribunal. Similarly, Section 21(7) of the Highway Protection Act, 1999 also provides for an appellate remedy against an order of the Highway Authority passed under Section 21 on application for permissions made under Section 19.

¶1754

Therefore, when access permission to Central and State Highways is governed by separate and independent statutes and when there are statutory mechanisms for grant of access permission including appellate remedy, a District Authority exercising his functions under the Petroleum Rules, 2002, cannot rely on Ext.P4 Guidelines intended to govern access permission to Highways and reject an application for NOC under the Petroleum Rules. Any such act on the part of the District authorities would indeed be transgression by

¶1755

WP(C) Nos.9881/2020 & connected cases : 190 :

¶1756

District authorities into the powers of statutory authorities under the Control of National Highways (Land and Traffic) Act, 2002 and the Kerala Highway Protection Act, 1999.

¶1757

In most of these writ petitions, the District Authorities have rejected NOCs under Rule 144 of the Petroleum Rules, 2002 for the reason that the proposed sites for Fuel Stations do not satisfy the requirements under Ext.P4 Guidelines. By doing so, the District Authorities have not only usurped the powers of Highway Administration, but also buried both, the right of the applicant-petitioner to approach the Highway Administration / Highway Authority for access permission as well as their appellate remedy under the relevant statutes.

¶1758

Such action can be described only as executive excess, and cannot stand the scrutiny of law. The orders of the District Authorities rejecting NOCs under Rule 144 of the Petroleum Rules, 2002 for non-compliance of Ext.P4 Guidelines are liable to be set aside, unless of course such orders are based on the orders passed or decision taken by

¶1759

WP(C) Nos.9881/2020 & connected cases

¶1760

: 191 :

¶1761

the Highway Administration / Highway Authority under the relevant statutes on the applications for access permit made by the parties concerned.

¶1762

The petitioners have questioned the legality of Ext.P4 Government Order also. By Ext.P4 GO (Ms) No.67/2020/PWD dated 16.10.2020, the Government of Kerala has approved the Guidelines for Access Permission to Fuel Stations along the State Highways and Major District Roads published by the Public Works Department, Government of Kerala. There is no dispute over the proposition that the State can give administrative instructions to its servants how to act in certain circumstances ( G.J. Fernandez v. The State of Mysore and others - AIR 1967 SC 1753).

¶1763

In the judgment in Dr. Krushna Chandra Sahu and others v. State of Orissa and others [AIR 1996 SC 352] , the Hon’ble Apex Court held that if statutory rules in a given case have not been made, either by the Parliament or the State legislature, or, for that matter by the Governor of the

¶1764

WP(C) Nos.9881/2020 & connected cases

¶1765

: 192 :

¶1766

State, it would be open to the appropriate Government (the Central Government under Article 73 and the State Government under Article 162) to issue executive instructions. However, if the Rules have been made but they are silent on any subject or point in issue, the omission can be supplied and the rules can be supplemented by executive instructions.

¶1767

In this case, in the case of State Highways and Major District Roads, though the Government of Kerala has framed the Kerala Highway (Control of Access and Restriction on Use of Land) Rules, 2000, the Rules are silent on access permission. Therefore, the Government of Kerala can indeed issue executive instructions regulating access permission to State Highways and Major District Roads, in view of Article 162 of the Constitution of India. The issue here is whether the Guidelines attached to Ext.P4, published by the Public Works Department will take the status of Executive instructions having the support of Article 162. A close reading of Guidelines attached to Ext.P4 will be gainful in this regard. Ext.P4 G.O. reads as follows:

¶1768

WP(C) Nos.9881/2020 & connected cases

¶1769

: 193 :

¶1770

WP(C) Nos.9881/2020 & connected cases

¶1771

: 194 :

¶1772

The operative part of the G.O. would show that what is approved by the Government is only “the Guidelines” for access permission to Fuel Station along State Highways and Major District Roads. By mere approval of Guidelines by an executive order issued by the State Government, the Guidelines will not achieve the character and status of executive instructions issued under Article 162 of the

¶1773

WP(C) Nos.9881/2020 & connected cases

¶1774

: 195 :

¶1775

Constitution of India. And in spite of such executive approval, guidelines approved by Ext.P4 G.O. would remain as guidelines alone, when no other intention is reflected in Ext.P4 Executive Order.

¶1776

The procedure adopted by the Government in framing the Guidelines is also wanting in many aspects. The Government of Kerala as per Ext.P3 G.O. dated 23.06.2020 constituted Expert Committee to study and report the norms for ensuring the safety of roads and traffic in Kerala. The so called Expert Committee was required to submit a report to the Government within one month. The Chief Engineer (Roads), Chief Engineer (NH), Chief Engineer (KST Project) and Executive Engineer (Road Safety Cell) were made members of the Committee. The Committee did not include any expert specialised in the field of Traffic. The Committee met only twice. The Committee met only on 18.08.2020 and 28.08.2020 and on the second day Final Draft was prepared.

¶1777

One of the major objections raised against Ext.P4 Guidelines was that Fuel Stations are prohibited within

¶1778

WP(C) Nos.9881/2020 & connected cases : 196 :

¶1779

100/300 meters of road intersections. Taking into

¶1780

consideration the rural and urban road scenario in Kerala, it will be difficult if not impossible, for the Petroleum Companies or Franchisees to get plots/sites satisfying the said condition in view of the fact that in urban areas of Kerala, plots satisfying the said condition would be few and far between. Ext.P4 Guidelines also prescribes plot size for starting Fuel Stations. How does the plot size is relevant in the context of Access Permission, is also a moot question. The records of the case do not disclose that the Expert Committee has considered any empirical data in these regard. Stake holders including Oil Marketing Companies were not consulted though the counter affidavit of the Government would state that “representations received from various stakeholders were discussed.”

¶1781

There is complete absence of meaningful and effective consultation while framing Ext.P4 Guidelines. When the State is neither adopting a legislative procedure nor resorting to subordinate legislation for making rules, the State

¶1782

WP(C) Nos.9881/2020 & connected cases : 197 :

¶1783

is bound to make effective consultations with stake holders. When the State follows a legislative route, there is a presumption that the State is reflecting the will of the people. When the State adopts Executive route and that too abandoning an available statutory route, there should be effective consultation with at least the important stakeholders, the failure of which would render the State action arbitrary and violative of Article 14 of the Constitution.

¶1784

The guarantee of Article 14 is not confined to it being a prohibition against equals being discriminated against or unequals being treated alike. State action must be fair and not arbitrary if it is to pass muster in a court of law. The test of manifest arbitrariness would apply to invalidate any rules made invoking Article 163 also. In these writ petitions, the petitioners who are Oil Marketing Companies and their Franchisees, have proceeded to invest money to start Fuel Stations in compliance of existing rules. Change in any rules, including the rules/guidelines for access permit will have adverse civil consequences on such petitioners. Even an

¶1785

WP(C) Nos.9881/2020 & connected cases

¶1786

: 198 :

¶1787

administrative order which involves civil consequences must be consistent with the rules of natural justice. The guidelines sought to be approved as per Ext.P4, are having far reaching civil consequences for the Oil Marketing Companies and Franchisees- petitioners, as it would adversely affect their right to establish Fuel Stations complying with the existing law and rules. When the State proposes to change the rules, by adopting new rules/guidelines, an effective consultation with the Oil Marketing Companies which have applied for NOCs, is warranted. The guidelines approved as per Ext.P4, were framed/approved without any consultation and without giving any opportunity to the stake holders to place their views in the matter. The guidelines approved as per Ext.P4 and the procedure adopted for the same, are therefore highly arbitrary and offend Article 14 of the Constitution of India.

¶1788

In view of the findings and conclusions made hereinabove, this Court find it unnecessary to decide other issues agitated in these writ petitions. The writ petitions filed by Oil Marketing Companies and their Franchisees are

¶1789

WP(C) Nos.9881/2020 & connected cases

¶1790

: 199 :

¶1791

therefore allowed with the following orders/directions:

¶1792

(i) Ext.P2 and P4 Government Orders and the Guidelines for Access Permission to Fuel Stations along State Highways (SH) and Major District Roads (MDR) approved as per Ext.P4 are set aside;

¶1793

(ii) Orders of the District Authorities rejecting the applications for NOC under Rule 144 of the Petroleum Rules, 2002 submitted by the petitioners/the respective Oil Marketing Companies for non-compliance of Ext.P2 or P4 Guidelines, are set aside.

¶1794

(iii) In those writ petitions where District Authorities have granted NOC subject to the condition of producing NOC from PWD, the said condition is declared as null and void.

¶1795

(iv) The District Authorities concerned are directed to consider / re-consider the applications submitted by the petitioners for NOC under Rule 144 of the Petroleum Rules, 2002 without regard to Exts.P2 and P4 and in accordance with the Rules prevailing as on the dates of the applications, within a period of two months.

¶1796

WP(C) Nos.9881/2020 & connected cases : 200 :

¶1797

(v) The petitioners will be at liberty to cure any other

¶1798

defects in their applications or pointed out in the orders of rejection of their applications, in the meanwhile.

¶1799

(vi) WP(C) Nos.15228/2020, 12396/2020, 9008/2020, 8075/2020, 4614/2020, 4607/2020, 3549/2020, 35334/2019, 35036/2019, 33640/2019, 29361/2019 and 68/2021 which are filed challenging grant of NOC ignoring Exts.P2 and P4 Government Orders are dismissed.

¶1800

All other issues raised by the petitioners in these writ petitions, are left open.

¶1801

Sd/- N. NAGARESH, JUDGE

¶1802

aks/03.08.2021

¶1803

WP(C) Nos.9881/2020 & connected cases

¶1804

: 201 :

¶1805

APPENDIX OF WP(C) 9881/2020

¶1806

PETITIONER'S EXHIBITS:

¶1807

EXHIBIT P1 COPY OF THE LETTER OF INTENT DATED 31/12/19. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE G.O.(MS)NO.16/2020/PWD DATED 10/2/20. EXHIBIT P4 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2012-16. EXHIBIT P5 COPY OF THE ORDER AS G.O.(MS) NO.46/2019/PWD DATED 22/10/19. EXHIBIT P6 COPY OF THE G.O.(M.S) NO.67/2020/PWD DATED 16.10.2020.

¶1808

¶1809

WP(C) Nos.9881/2020 & connected cases : 202 :

¶1810

APPENDIX OF WP(C) 29361/2019

¶1811

PETITIONERS' EXHIBITS:

¶1812

EXHIBIT P1 A TRUE COPY OF THE GUIDELINES ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS. EXHIBIT P2 THE COPY OF THE GOVERNMENT ORDER IMPLEMENTING IRC AND MORTH NORMS WITH RESPECT TO THE ISSUANCE OF NOC FOR INSTALLATION OF PETROLEUM RETAIL OUTLETS, DATED 22/10/2019.

¶1813

¶1814

WP(C) Nos.9881/2020 & connected cases : 203 :

¶1815

APPENDIX OF WP(C) 33640/2019

¶1816

PETITIONER'S EXHIBITS:

¶1817

EXHIBIT P1 A TRUE 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 A TRUE COPY OF THE APPLICATION FOR ISSUING NO OBJECTION CERTIFICATE FOR STARTING A NEW PETROLEUM OUTLET SUBMITTED BY THE 6TH RESPONDENT.

¶1818

¶1819

WP(C) Nos.9881/2020 & connected cases

¶1820

: 204 :

¶1821

APPENDIX OF WP(C) 35036/2019

¶1822

PETITIONER'S EXHIBITS:

¶1823

EXHIBIT P1 THE COPY OF THE GOVERNMENT ORDER NO. 46/2019/PWD DATED 22-10-2019. EXHIBIT P2 THE COPY OF THE NO OBJECTION CERTIFICATE DATED 19-07-2019 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 6TH RESPONDENT.

¶1824

¶1825

WP(C) Nos.9881/2020 & connected cases

¶1826

: 205 :

¶1827

APPENDIX OF WP(C) 35334/2019

¶1828

PETITIONER'S EXHIBITS:

¶1829

EXHIBIT P1 THE NO.4	COPY 6/2019/	OF PWD D	TH AT	E GOVERNMENT ORDER ED 22/10/2019.
EXHIBIT P2 THE CERT THE RESP	COPY IFICATE 1ST RES ONDENT.	OF DATE PONDE	D NT	THE NO OBJECTION 11/12/2019 ISSUED BY IN FAVOUR OF THE 6TH
EXHIBIT P3 THE THE RESP	COPY OF PETIT ONDENT	THE IONE DATED	OB R 0	JECTION SUBMITTED BY BEFORE THE 1ST 4/10/2019.
EXHIBIT P4 THE PETI DATE	COPY OF TIONER D 09/10	THE BEFO /2019	OB RE .	JECTION FILED BY THE THE 3RD RESPONDENT

¶1830

¶1831

WP(C) Nos.9881/2020 & connected cases

¶1832

: 206 :

¶1833

APPENDIX OF WP(C) 3549/2020

¶1834

PETITIONER'S EXHIBITS:

¶1835

EXHIBIT P1	THE COPY OF NO.46/2016/PWD	THE DATE	GOVERNMENT ORDER D 22.10.2019.
EXHIBIT P2	THE COPY O	F	THE NO OBJECTION
	CERTIFICATE DA THE 2ND RESPON RESPONDENT.	TED DENT	13.11.2019 ISSUED BY IN FAVOR OF THE 6TH
EXHIBIT P3	THE COPY OF NO.33630/2019	THE DATED	JUDGMENT IN WP(C) 07.01.2020.

¶1836

¶1837

WP(C) Nos.9881/2020 & connected cases

¶1838

: 207 :

¶1839

APPENDIX OF WP(C) 4607/2020

¶1840

PETITIONER'S EXHIBITS:

¶1841

EXHIBIT P1 THE COPY OF THE GOVERNMENT ORDER NO. 16/2020/PWD DATED 10.02.2020. EXHIBIT P2 THE COPY OF THE BOOKLET PUBLISHED BY KUNNUKARA GRAMA PANCHAYATH WHEREIN THE TOTAL POPULATION OF THE PANCHAYATH. EXHIBIT P3 THE COPY OF THE SKETCH SHOWING THE LIE AND LOCATION OF THE SITE OF THE 7TH RESPONDENT AND THE INTERSECTION ROAD. EXHIBIT P4 THE COPY OF THE ORDER OF THE GREEN TRIBUNAL IN OA NO. 31/2019 DATED 22.07.2019. EXHIBIT P5 THE COPY OF JUDGMENT IN WPC NO. 33622/2019 DATED 09.01.2020.

¶1842

¶1843

WP(C) Nos.9881/2020 & connected cases

¶1844

: 208 :

¶1845

APPENDIX OF WP(C) 4614/2020

¶1846

PETITIONER'S EXHIBITS:

¶1847

EXHIBIT P1 THE COPY OF THE GOVERNMENT ORDER NO.16/2020/PWD DATED 10.02.2020 EXHIBIT P2 THE COPY OF THE ORDER OF THE GREEN TRIBUNAL IN OA NO.31/2019 DATED 22.07.2019 EXHIBIT P3 THE COPY OF JUDGMENT IN WPC NO.33622/2019 DATED 09.01.2020

¶1848

¶1849

WP(C) Nos.9881/2020 & connected cases

¶1850

: 209 :

¶1851

APPENDIX OF WP(C) 8075/2020

¶1852

PETITIONERS' EXHIBITS:

¶1853

EXHIBIT P1	TRUE COPY	OF THE APPLICATION FOR NO
	OBJECTION 7TH RESP	CERTIFICATE SUBMITTED BY THE ONDENT BEFORE THE 5TH
	RESPONDENT	, WITHOUT ITS ENCLOSURES
EXHIBIT P2	TRUE COPY PROPOSED P THE 8TH RE	OF LOCATION PLAN OF THE ETROL PUMP IN THE PROPERTY OF SPONDENT
EXHIBIT P3	TRUE COP 23.7.2019	Y OF COMMUNICATION DATED ISSUED BY THE 5TH RESPONDENT
EXHIBIT P4	TRUE COPY	OF THE REPORT NO 457/19/E4
	SUBMITTED CHOTTANIKK ITS ENCLOS	BY SUB INSPECTOR OF POLICE ARA POLICE STATION, WITHOUT URES.
EXHIBIT P5	TRUE COPY SUBMITTED ERNAKULAM	OF THE REPORT DATED 16.9.2019 BY THE DISTRICT POLICE CHIEF,
EXHIBIT P6	TRUE COPY SUBMITTED TALUK.	OF REPORT DATED 17.8.2019 BY THE THASILDAR, KANAYANNUR
EXHIBIT P7	TRUE COP 9.10.2019	Y OF PROCEEDINGS DATED OF THE 6TH RESPONDENT
EXHIBIT P8	TRUE COPY DATED 9.10 OF THE PET	OF NO OBJECTION CERTIFICATE .2019 ISSUED UNDER RULE 144 ROLEUM RULES, 2002
EXHIBIT P9	TRUE COPY ISSUED BY ERNAKULAM	OF CERTIFICATE DATED 6.8.2019 THE REGIONAL FIRE OFFICER,
EXHIBIT P10	TRUE COPY ISSUED FRO CONTROL BO	OF THE CONSENT TO OPERATE M THE KERALA STATE POLLUTION ARD
EXHIBIT P11	TRUE COPY 2.3.2020 RESPONDENT	OF THE REPRESENTATION DATED SUBMITTED BEFORE THE 5TH BY THE 1ST PETITIONER
EXHIBIT P12	TRUE COPY 2.3.2020 RESPONDENT	OF THE REPRESENTATION DATED SUBMITTED BEFORE THE 5TH BY THE 2ND PETITIONER
EXHIBIT P13	TRUE COP SUBMITTED	Y OF THE MASS PETITION BEFORE THE 5TH RESPONDENT

¶1854

WP(C) Nos.9881/2020 & connected cases

¶1855

: 210 :

¶1856

EXHIBIT P14 TRUE COPY OF THE OFFICE MEMORANDUM DATED 7.1.2020 ISSUED BY THE 3RD RESPONDENT

¶1857

¶1858

WP(C) Nos.9881/2020 & connected cases

¶1859

: 211 :

¶1860

APPENDIX OF WP(C) 9008/2020

¶1861

PETITIONER'S EXHIBITS:

¶1862

EXHIBIT P1 THE COPY OF THE GOVERNMENT ORDER NO.16/2020/PWD DATED 10.02.2020. EXHIBIT P2 THE COPY OF THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD DATED 07.01.2020. EXHIBIT P3 THE COPY OF JUDGMENT IN WPC NO.33622/2019 DATED 09.01.2020.

¶1863

¶1864

WP(C) Nos.9881/2020 & connected cases

¶1865

: 212 :

¶1866

APPENDIX OF WP(C) 10452/2020

¶1867

PETITIONER'S EXHIBITS:

¶1868

EXHIBIT P1 COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE LETTER ISSUED BY THE PWD DATED 05/02/20. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF IRC -12-2016. EXHIBIT P5 COPY OF THE JUDGMENT IN W.A. NO. 27/2020. EXHIBIT P6 COPY OF THE G.O. (MS) NO. 16/2020/PWD DATED 10/2/20. EXHIBIT P7 COPY OF THE G.O(M.S) NO.67/2020/PWD DATED 16/10/2020

¶1869

RESPONDENTS' EXHIBITS:

¶1870

ANNEXURE R1(A) A TRUE COPY OF THE G.O. (Rt.)NO.555/2020/PWD DATED 24.06.2020

¶1871

¶1872

WP(C) Nos.9881/2020 & connected cases

¶1873

: 213 :

¶1874

APPENDIX OF WP(C) 10649/2020

¶1875

PETITIONER'S EXHIBITS:

¶1876

EXHIBIT P1 COPY OF THE LETTER OF INTENT DATED 29/8/19. EXHIBIT P2 COPY OF THE APPLICATION FIELD BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE G.O. (MS) NO. 16/2020/PWD DATED 10/2/20. EXHIBIT P4 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2012-16. EXHIBIT P5 COPY OF THE ORDER AS G.O. (MS) NO. 46/2019/PWD DATED 22/10/19. EXHIBIT P6 COPY OF THE G.O(MS) NO:67/2020/PWD DATED 16/10/2020.

¶1877

¶1878

WP(C) Nos.9881/2020 & connected cases

¶1879

: 214 :

¶1880

APPENDIX OF WP(C) 10816/2020

¶1881

PETITIONER'S EXHIBITS:

¶1882

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 04/10/2019.

¶1883

EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 02/12/2019.

¶1884

EXHIBIT P3 TRUE COPY OF THE REJECTION LETTER ISSUED BY THE PWD DATED 31/12/2019. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE IRC 12-2016.

¶1885

EXHIBIT P5 COPY OF THE JUDGMENT IN WA NO.27/2020. EXHIBIT P6 COPY OF THE GO(MS) NO.16/2020 PWD DATED 10/02/2020.

¶1886

EXHIBIT P7 COPY OF THE G.O.(M.S)NO.67/2020/PWD DATED 16.10.2020.

¶1887

¶1888

WP(C) Nos.9881/2020 & connected cases

¶1889

: 215 :

¶1890

APPENDIX OF WP(C) 11085/2020

¶1891

PETITIONER'S EXHIBITS:

¶1892

EXHIBIT P1 COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 29.08.19 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER DATED 06.03.19 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL EXHIBIT P4 COPY OF THE JUDGMENT IN W.A.NO.27/2020 DATED 5/3/20 EXHIBIT P5 COPY OF THE G.O(MS) NO.16/2020/PWD DATED 10/2/2020 EXHIBIT P6 COPY OF THE G.O.(M.S.) NO.67/2020/PWD DATED 16.10.2020.

¶1893

¶1894

WP(C) Nos.9881/2020 & connected cases

¶1895

: 216 :

¶1896

APPENDIX OF WP(C) 11212/2020

¶1897

PETITIONER'S EXHIBITS:

¶1898

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 01/04/2019.

¶1899

EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 17/07/19.

¶1900

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE IRC 12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 05/03/2020. EXHIBIT P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10/02/2020. EXHIBIT P6 COPY OF THE G.O(MS) NO: 67/2020/PWD DATED 16/10/2020.

¶1901

¶1902

WP(C) Nos.9881/2020 & connected cases

¶1903

: 217 :

¶1904

APPENDIX OF WP(C) 11338/2020

¶1905

PETITIONER'S EXHIBITS:

¶1906

EXHIBIT P1 COPY OF THE LETTER OF INTENT DATED 03.09.2019 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER DATED 30.09.2019 EXHIBIT P3 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10.02.20 EXHIBIT P4 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2012-16(RELAVENT PAGES) EXHIBIT P5 COPY OF THE ORDER AS GO(MS) NO.46/2019/PWD DATED 22.10.19 EXHIBIT P6 COPY OF THE G.O.(MS).NO.67/2020/PWD DATED 16/10/2020.

¶1907

¶1908

WP(C) Nos.9881/2020 & connected cases

¶1909

: 218 :

¶1910

APPENDIX OF WP(C) 11353/2020

¶1911

PETITIONER'S EXHIBITS:

¶1912

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 10.03.2019.

¶1913

EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 08.05.2019.

¶1914

EXHIBIT P3 COPY OF THE REJECTION LETTER ISSUED BY THE PWD DATED 22.08.2019

¶1915

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF IRC -12-2016 EXHIBIT P5 COPY OF THE JUDGMENT IN WA NO.27/2020 EXHIBIT P6 COPY OF THE G.O(MS) NO.16/2020/PWD DATED 10.2.20. EXHIBIT P7 COPY OF THE G.O.(MS) NO-67/2020/PD DATED 16.10.2020

¶1916

¶1917

WP(C) Nos.9881/2020 & connected cases

¶1918

: 219 :

¶1919

APPENDIX OF WP(C) 11424/2020

¶1920

PETITIONER'S EXHIBITS:

¶1921

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 6.4.19. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 16.05.19. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN W.A.NO.27/2020 DATED 5.3.20. EXHIBIT P5 COPY OF THE G.O.(MS)NO.16/2020/PWD DATED 10.2.20. EXHIBIT P6 COPY OF THE G.O(ms) NO:67/2020/PWD DATED 16/10/2020

¶1922

¶1923

WP(C) Nos.9881/2020 & connected cases

¶1924

: 220 :

¶1925

APPENDIX OF WP(C) 11449/2020

¶1926

PETITIONER'S EXHIBITS:

¶1927

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 29.07.2019. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 02.08.19.

¶1928

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC - 12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 5.3.20 EXHIBIT P5 COPY OF THE G.O(MS) NO.16/2020/PWD DATED 10.2.2020. EXHIBIT P6 COPY OF THE G.O.(M.S)NO.67/2020/PWD DATED 16/10/2020

¶1929

¶1930

WP(C) Nos.9881/2020 & connected cases

¶1931

: 221 :

¶1932

APPENDIX OF WP(C) 11652/2020

¶1933

PETITIONER'S EXHIBITS:

¶1934

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 29/06/19 EXHIBIT P2 C0PY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 29/06/19 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL EXHIBIT P4 COPY OF THE JUDGMENT IN W.A.NO.27/2020 DATED 5/3/2020 EXHIBIT P5 COPY OF THE G.O(MS)NO.16/2020/PWD DATED 10/2/2020. EXHIBIT P6 COPY OF THE GO(MS) NO 67/2020/PWD/DATED 16.10.2020

¶1935

¶1936

WP(C) Nos.9881/2020 & connected cases

¶1937

: 222 :

¶1938

APPENDIX OF WP(C) 11765/2020

¶1939

PETITIONER'S EXHIBITS:

¶1940

EXHIBIT	P1 A TRUE	COPY OF	THE LETTER	OF	INTENT
	ISSUED ISSUED	TO PETIT BY THE 4TH	IONER DATED RESPONDENT.	29	.7.2019
EXHIBIT	P2 A TRU 28.10.2 RESPOND	E COPY O 019 ISS ENT.	F THE LET UED BY	TER THE	DATED 4TH
EXHIBIT	P3 A TRUE	COPY OF	CONSENT ISSU	ED	BY THE
	FIRES OFFICE,	AND RESC KOZHIKODE	UE SERVICE, DATED 27.1.	R 2020	EGIONAL .
EXHIBIT	P4 TRUE CO KERALA DATED 3	PY OF THE STATE PO .4.2020.	CONSENT ISS LLUTION CONT	UED ROL	BY THE BOARD
EXHIBIT	P5 A TRUE	COPY OF G	.O.(MS) NO.4	6/2	019/PWD
	DATED RESPOND	22.10.2019 ENT.	ISSUED BY	TH	E 1ST
EXHIBIT	P6 A TRUE	COPY OF	G.O.(MS)NO.1	6/2	020/PWD
	DATED RESPOND	10.2.2020 ENT.	ISSUED BY	TH	E 1ST
EXHIBIT	P7 A TRUE DATED 1	COPY OF 6.10.2020	G.O.(MS)NO.6	7/2	020/PWD

¶1941

¶1942

WP(C) Nos.9881/2020 & connected cases

¶1943

: 223 :

¶1944

APPENDIX OF WP(C) 11862/2020

¶1945

PETITIONER'S EXHIBITS:

¶1946

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 04.09.2019 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 14.09.2019

¶1947

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF OF IRC-12-2016 DATED NIL EXHIBIT P4 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 5.3.20 EXHIBIT P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10.02.2020 EXHIBIT P6 COPY OF THE G.O.(M.S.) NO-67/2020/PWD DATED 16.10.2020

¶1948

¶1949

WP(C) Nos.9881/2020 & connected cases

¶1950

: 224 :

¶1951

APPENDIX OF WP(C) 11873/2020

¶1952

PETITIONER'S EXHIBITS:

¶1953

EXHIBIT P1 COPY OF THE OFFER OF LAND LETTER ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 21.09.18. EXHIBIT P2 COPY OF APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 22.01.2019. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 5.3.20. EXHIBIT P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10.2.20.

¶1954

¶1955

WP(C) Nos.9881/2020 & connected cases

¶1956

: 225 :

¶1957

APPENDIX OF WP(C) 11876/2020

¶1958

PETITIONER'S EXHIBITS:

¶1959

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 09.03.19 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 04.12.19 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL EXHIBIT P4 COPY OF THE JUDGMENT IN W.A NO.27/2020 DATED 5.3.20 EXHIBIT P5 COPY OF THE G.O(MS) NO.16/2020/PWD DATED 10/2/2020 EXHIBIT P6 COPY OF THE G.O.(M.S) NO.67/2020/PWD DATED 16.10.2020.

¶1960

¶1961

WP(C) Nos.9881/2020 & connected cases

¶1962

: 226 :

¶1963

APPENDIX OF WP(C) 11878/2020

¶1964

PETITIONER'S EXHIBITS:

¶1965

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 23.10.19 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 28.11.19. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC - 12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 5/3/20. EXHIBIT P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10.2.20 EXHIBIT P6 COPY OF THE G.O(MS) NO.67/2020/PWD DATED 16/10/2020

¶1966

¶1967

WP(C) Nos.9881/2020 & connected cases

¶1968

: 227 :

¶1969

APPENDIX OF WP(C) 11879/2020

¶1970

PETITIONER'S EXHIBITS:

¶1971

EXHIBIT P1 COPY OF THE LETTER OF INTENT DATED 04.09.19 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER DATED 19/10/2019 EXHIBIT P3 COPY OF THE G.O(MS)NO.16/2020/PWD DATED 10/2/20 EXHIBIT P4 COPY OF THE REJECTION LETTER BY THE PWD DATED 03/03/2020 EXHIBIT P5 COPY OF THE ORDER AS G.O(MS)NO.46/2019/PWD DATED 22/10/19. EXHIBIT P6 COPY OF THE G.O.(MS) NO.67/2020/PWD DATED 16.10.2020

¶1972

¶1973

WP(C) Nos.9881/2020 & connected cases

¶1974

: 228 :

¶1975

APPENDIX OF WP(C) 11892/2020

¶1976

PETITIONER'S EXHIBITS:

¶1977

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 26.8.19. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 06.9.2019. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN W.A.NO.27/2020 DATED 5.3.20. EXHIBIT P5 COPY OF THE G.O.(MS) NO.16/2020/PWD DATED 10.2.20. EXHIBIT P6 COPY OF THE G.O(MS)NO: 67/2020/PWD DATED 16/10/2020

¶1978

¶1979

WP(C) Nos.9881/2020 & connected cases

¶1980

: 229 :

¶1981

APPENDIX OF WP(C) 11893/2020

¶1982

PETITIONER'S EXHIBITS:

¶1983

EXHIBIT P1 COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 31.05.2019. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER DATED 01.06.2019. EXHIBIT P3 COPY OF THE REJECTION LETTER ISSUED BY THE PWD DATED 22.08.2019. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF IRC 12-2016. EXHIBIT P5 COPY OF THE JUDGMENT IN WA NO.27/2020. EXHIBIT P6 COPY OF THE GO(MS)NO.16/2020/PWD DATED 10.02.2020. EXHIBIT P7 COPY OF THE G.O (MS) NO:67/2020/PWD DATED 16/10/2020

¶1984

¶1985

WP(C) Nos.9881/2020 & connected cases

¶1986

: 230 :

¶1987

APPENDIX OF WP(C) 11978/2020

¶1988

PETITIONER'S EXHIBITS:

¶1989

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 05.08.2019. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 30.10.2019. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN W.A.NO.27/2020 DATED 05.03.2020. EXHIBIT P5 COPY OF THE G.O(MS)NO.16/2020/PWD DATED 10.02.2020. EXHIBIT P6 COPY OF THE GO(MS) NO 67/2020/PWD DATED 16.10.2020

¶1990

¶1991

WP(C) Nos.9881/2020 & connected cases

¶1992

: 231 :

¶1993

APPENDIX OF WP(C) 12093/2020

¶1994

PETITIONER'S EXHIBITS:

¶1995

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 10/09/2019.

¶1996

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.

¶1997

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF OF IRC-12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGEMENT IN WA NO.27/2020 DATED 05/03/2020. EXHIBIT P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10/02/2020. EXHIBIT P6 COPY OF THE G.O.(M.S)NO.67/2020/PWD DATED 16.10.2020.

¶1998

¶1999

WP(C) Nos.9881/2020 & connected cases

¶2000

: 232 :

¶2001

APPENDIX OF WP(C) 12106/2020

¶2002

PETITIONER'S EXHIBITS:

¶2003

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 21/02/19. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 08/03/2019. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 05/03/2020. EXHIBIT P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10/02/2020.

¶2004

¶2005

WP(C) Nos.9881/2020 & connected cases

¶2006

: 233 :

¶2007

APPENDIX OF WP(C) 12151/2020

¶2008

PETITIONER'S EXHIBITS:

¶2009

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 12.09.2019. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 11.11.2019 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN W.A. NO. 27/2020 DATED 5.3.2020. EXHIBIT P5 COPY OF THE G.O(MS) NO. 16/2020/PWD DATED 10.02.2020. EXHIBIT P6 COPY OF THE G.O.(MS) NO.67/2020/PWD DATED 16.10.2020

¶2010

¶2011

WP(C) Nos.9881/2020 & connected cases

¶2012

: 234 :

¶2013

APPENDIX OF WP(C) 12186/2020

¶2014

PETITIONER'S EXHIBITS:

¶2015

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 29/07/19. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 14/9/2019. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN W.A.NO.27/2020 DATED 5/3/20 EXHIBIT P5 COPY OF THE G.O(MS)NO.16/2020/PWD DATED 10/2/20. EXHIBIT P6 COPY OF THE G.O(ms) NO: 67/2020/PWD DATED 16/10/2020

¶2016

¶2017

WP(C) Nos.9881/2020 & connected cases

¶2018

: 235 :

¶2019

APPENDIX OF WP(C) 12253/2020

¶2020

PETITIONER'S EXHIBITS:

¶2021

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 30.09.2019 EXHIBIT P2 TRUE COPY OF GO(MS) NO.46/2019/PWD DATED 22.10.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF G.O(MS) NO.16/2020/PWD DATED 10.02.202O ISSUED BY THE 1ST RESPONDENT EXHIBIT P4 A TRUE COPY OF ORDER BEARING G.O. (Ms)NO.67/2020/PWD DATED 16/10/2020 ISSUED BY THE 1ST RESPONDENT

¶2022

¶2023

WP(C) Nos.9881/2020 & connected cases

¶2024

: 236 :

¶2025

APPENDIX OF WP(C) 12269/2020

¶2026

PETITIONER'S EXHIBITS:

¶2027

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 10.03.2019. EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT DATED 19.12.2019 IN W.P.(C)NO.27311/2019 AND CONNECTED CASES. EXHIBIT P3 TRUE COPY OF THE COMMON JUDGMENT DATED 05.03.2020 IN W.A.NO.69/2020 AND CONNECTED CASES. EXHIBIT P4 TRUE COPY OF G.O.(MS)NO.46/2019/PWD DATED 22.10.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF G.O(MS)NO.16/2020/PWD DATED 10.02.2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 A TRUE COPY OF G.O.(MS) NO.67/2020/PWD DATED 16.10.2020.

¶2028

¶2029

WP(C) Nos.9881/2020 & connected cases

¶2030

: 237 :

¶2031

APPENDIX OF WP(C) 12290/2020

¶2032

PETITIONER'S EXHIBITS:

¶2033

EXHIBIT P1	THE PHOTOCOPY OF LETTER OF INTENT
	NO.CRRO/RET/ADVT/2018-19 DATED
	13.07.2019 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P2	THE PHOTOCOPY OF NO OBJECTION CERTIFICATE NO.B 6002/2019 DATED 04.12.2019 ISSUED BY THE REGIONAL FIRE OFFICER THIRUVANANTHAPURAM
EXHIBIT P3	THE PHOTOCOPY OF NO OBJECTION CERTIFICATE NO.CS10-4882/19 DATED 24.12.2019 ISSUED BY THE DISTRICT SUPPLY OFFICER, THIRUVANANTHAPURAM
EXHIBIT P4	THE PHOTOCOPY OF NO OBJECTION
	CERTIFICATE NO.D5-58925/2019/T DATED 04.12.2019 ISSUED BY THE DISTRICT POLICE CHEF THIRUVANANTHAPURAM
EXHIBIT P5	THE PHOTOCOPY OF NO OBJECTION
	CERTIFICATE NO.C2-34245/2019-DMO DATED
	02.12.2019 ISSUED BY THE DISTRICT MEDICAL OFFICER (HEALTH) THIRUVANANTHAPURAM
EXHIBIT P6	THE PHOTOCOPY OF CONSENT TO ESTABLISH THE PETROLEUM RETAIL OUTLET NO.PCB/TVM- DO/ICE/FUL-12151742/2019 DATED
	29.11.2019 ISSUED BY THE ASSISTANT ENVIRONMENTAL ENGINEER OF KERALA STATE
	POLLUTION CONTROL BOARD DISTRICT OFFICER , THIRUVANANTHAPURAM
EXHIBIT P7	THE PHOTOCOPY OF COVERING LETTER NO.D3-
	6632/19 DATED 08.11.2019 OF THE 3RD RESPONDENT
EXHIBIT P8	THE PHOTOCOPY OF THE PROCEEDINGS DATED 25.05.2020 OF THE 2ND RESPONDENT
EXHIBIT P9	THE PHOTOCOPY OF GO (MS) 6/2020 DATED 10.02.2020
EXHIBIT P10	THE PHOTOCOPY OF LETTER NO.A6/20572/19 DATED 09.01.2020 OF THE TAHSILDAR KATTAKADA

¶2034

¶2035

WP(C) Nos.9881/2020 & connected cases

¶2036

: 238 :

¶2037

APPENDIX OF WP(C) 12312/2020

¶2038

PETITIONER'S EXHIBITS:

¶2039

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 29.08.2019. EXHIBIT P2 TRUE COPY OF G.O.(MS)NO.46/2019/PWD DATED 22.10.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF GO(MS)NO.16/2020/PWD DATED 10.02.2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF ORDER BEARING G.O. (MS)NO.67/2020/PWD DATED 16.10.2020 ISSUED BY THE 1ST RESPONDENT.

¶2040

¶2041

WP(C) Nos.9881/2020 & connected cases

¶2042

: 239 :

¶2043

APPENDIX OF WP(C) 12319/2020

¶2044

PETITIONER'S EXHIBITS:

¶2045

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 23.07.2019. EXHIBIT P2 TRUE COPY OF G.O.(MS) NO.46/2019/PWD DATED 22.10.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF G.O.(MS) NO.16/2020/PWD DATED 10.02.2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4 A TRUE COPY OF ORDER BEARING G.O. (Ms)NO.67/2020/PWD DATED 16/10/2020 ISSUED BY THE 1ST RESPONDENT

¶2046

¶2047

WP(C) Nos.9881/2020 & connected cases

¶2048

: 240 :

¶2049

APPENDIX OF WP(C) 12322/2020

¶2050

PETITIONER'S EXHIBITS:

¶2051

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 03.09.2019 EXHIBIT P2 TRUE COPY OF THE GO(MS) NO.46/2019/PWD DATED 22.10.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE GO(MS)NO.16/2020/PWD DATED 10.02.2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4 A TRUE COPY OF ORDER BEARING G.O.(MS) NO.67/2020/PWD DATED 16/10/2020 ISSUED BY THE 1ST RESPONDENT.

¶2052

¶2053

WP(C) Nos.9881/2020 & connected cases

¶2054

: 241 :

¶2055

APPENDIX OF WP(C) 12323/2020

¶2056

PETITIONER'S EXHIBITS:

¶2057

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 7.8.2019. EXHIBIT P2 TRUE COPY OF G.O.(MS) NO.46/2019/PWD DATED 22.10.2019 ISSUED BY THE IST RESPONDENT. EXHIBIT P3 TRUE COPY OF G.O.(MS) NO.16/2020/PWD DATED 10.2.2020 ISSUED BY THE IST RESPONDENT. EXHIBIT P4 A TRUE COPY OF ORDER BEARING G.O. (MS)NO.67/2020 PWD DATED 16/10/2020 ISSUED BY THE 1ST RESPONDENT

¶2058

¶2059

WP(C) Nos.9881/2020 & connected cases

¶2060

: 242 :

¶2061

APPENDIX OF WP(C) 12329/2020

¶2062

PETITIONER'S EXHIBITS:

¶2063

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 30.03.2019 EXHIBIT P2 TRUE COPY OF GO(MS) NO.46/2019/PWD DATED 22.10.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE GO(MS) NO.16/2020/PWD DATED 10.02.2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4 A TRUE COPY OF G.O.(MS) NO.67/2020/PWD DATED 16/10/2020

¶2064

¶2065

WP(C) Nos.9881/2020 & connected cases

¶2066

: 243 :

¶2067

APPENDIX OF WP(C) 12357/2020

¶2068

PETITIONER'S EXHIBITS:

¶2069

EXHIBIT P1	TRUE COPY OF THE LETTER OF INTENT DATED
	26/02/2019 ISSUED TO THE PETITIONER BY THE INDIAN OIL CORPORATION.
EXHIBIT P2	TRUE COPY OF THE DECISION DATED 27/05/2019 OF THE NEENDOOR GRAMA PANCHAYAT COMMITTEE.
EXHIBIT P3	TRUE COPY OF THE CERTIFICATE DATED 20/08/2019 ISSUED BY THE REGIONAL FIRE OFFICER, KOTTAYAM.
EXHIBIT P4	COPY OF THE REPORT DATED 28/06/2019 FROM THE DISTRICT POLICE CHIEF, KOTTAYAM TO THE DISTRICT COLLECTOR.
EXHIBIT P5	TRUE COPY OF THE CONSENT TO ESTABLISH DATED 24/08/2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
EXHIBIT P6	TRUE COPY OF THE LETTER DATED
	18/06/2019 ISSUED BY THE ASSISTANT ENGINEER, PWD TO THE ASSISTANT EXECUTIVE ENGINEER, PWD.
EXHIBIT P7	TRUE COPY OF THE LETTER DATED
	10/07/2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD TO THE CHIEF ENGINEER, PWD.
EXHIBIT P8	TRUE COPY OF THE LETTER DATED 06/08/2019 ISSUED BY THE CHIEF
	ENGINEER, PWD TO THE EXECUTIVE ENGINEER, PWD.
EXHIBIT P9	TRUE COPY OF THE LETTER DATED
	20/08/2019 ISSUED BY THE EXECUTIVE
	ENGINEER, PWD TO THE DISTRICT COLLECTOR.
EXHIBIT P10	TRUE COPY OF THE JUDGMENT DATED 17TH SEPTEMBER, 2018 IN WPC NO.29129/2017.
EXHIBIT P11	TRUE COPY OF THE ORDER DATED 27/08/2019 IN WPC NO.23176/2019.
EXHIBIT P12	TRUE COPY OF THE GOVERNMENT ORDER DATED 22/10/2019.
EXHIBIT P13	TRUE COPY OF THE JUDGMENT IN WA

¶2070

WP(C) Nos.9881/2020 & connected cases

¶2071

: 244 :

¶2072

NO.27/2020 AND CONNECTED MATTERS, EXHIBIT P14 TRUE COPY OF THE GO(MS) NO.16/2020/PWD DATED 10/02/2020. EXHIBIT P15 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, KOTTAYAM DATED 18/12/2018.

¶2073

¶2074

WP(C) Nos.9881/2020 & connected cases

¶2075

: 245 :

¶2076

APPENDIX OF WP(C) 12365/2020

¶2077

PETITIONER'S EXHIBITS:

¶2078

EXHIBIT	P1 TRUE COPY	OF	THE	LETTER OF INTENT
	ISSUED BY PETITIONER D	THE ATED	4TH 26	RESPONDENT TO THE /02/2019.
EXHIBIT	P2 TRUE COPY	OF	GO(	MS) NO.46/2019/PWD
	DATED 22/10 RESPONDENT.	/201	9	ISSUED BY THE 1ST
EXHIBIT	P3 TRUE COPY	OF	GO(	MS) NO.16/2020/PWD
	DATED 10/02 RESPONDENT.	/202	0	ISSUED BY THE 1ST
EXHIBIT	P4 A TRUE COPY DATED 16.10.	OF 2020	G.O	.(MS) NO.67/2020/PWD
EXHIBIT	P5 A TRUE COPY RIGHT TO 04.08.2020	OF IN	TH FORM	E APPLICATION UNDER ATION ACT DATED
EXHIBIT	P6 A TRUE COPY NIRMALAN	OF T BY	HE TH	REPLY ISSUED TO MR.P E STATE PUBLIC
	INFORMATION	OFFI	CER	DATED 17.09.2020
EXHIBIT	P7 A TRUE CO	PY	OF	THE NO OBJECTION
	CERTIFICATE	DA	TED	07.08.2019 ISSUED
	BYTHE	DIS	TRI	CT COLLECTOR,
	THIRVANATHAP	URAM

¶2079

¶2080

WP(C) Nos.9881/2020 & connected cases

¶2081

: 246 :

¶2082

APPENDIX OF WP(C) 12367/2020

¶2083

PETITIONER'S EXHIBITS:

¶2084

EXHIBIT P1 TRUE ISSUE PETIT	COPY D BY IONER	OF THE DATE	THE LETTER OF INTENT 4TH RESPONDENT TO THE D 26.2.2019
EXHIBIT P2 TRUE DATED RESPO	COPY 22.1 NDENT	OF 0.20	GO(MS) NO 46/2019/PWD 19 ISSUED BY THE 1ST
EXHIBIT P3 TRUE DATED RESPO	COPY 10. NDENT	OF 2.202	GO(MS) NO 16/2020/PWD 0 ISSUED BY THE 1ST
EXHIBIT P4 TURE 67/20 THE I	COPY O 20/PWD ST RES	F OR DAT POND	DER BEARING G.O.(MS) NO. ED 16.10.2020 ISSUED BY ENT

¶2085

¶2086

WP(C) Nos.9881/2020 & connected cases

¶2087

: 247 :

¶2088

APPENDIX OF WP(C) 12396/2020

¶2089

PETITIONER'S EXHIBITS:

¶2090

EXHIBIT	P1 THE NO.3	COPY 3937/20	OF THE JUDGMENT IN 19 DATED 19.12.2019.	WPC
EXHIBIT	P2 THE NO.1	AFOR 6/2020/	ESAID GOVERNMENT O PWD DATED 10.02.2020.	RDER
EXHIBIT	P3 THE NO.1	COPY 72/2020	OF THE JUDGMENT IN DATED 05.03.2020.	WA
EXHIBIT	P4 THE 6TH	COPY OF RESPOND	THE CIRCULAR ISSUED BY ENT DATED 24.02.2020.	THE
EXHIBIT	P5 THE 09.0 1ST	COPY O 1.2020 RESPOND	F THE COMMUNICATION D OF THE 3RD RESPONDENT TO ENT.	ATED THE
EXHIBIT	P6 THE	COPY	OF THE NO OBJEC	TION
	CERT	IFICATE	SO ISSUED BY THE	2ND
	RESP	ONDENT	IN FAVOUR OF THE	7TH
	RESP	ONDENT	DATED 14.05.2020.

¶2091

¶2092

WP(C) Nos.9881/2020 & connected cases

¶2093

: 248 :

¶2094

APPENDIX OF WP(C) 13235/2020

¶2095

PETITIONER'S EXHIBITS:

¶2096

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 30/08/19. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 2ND RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 02/9/2019. EXHIBIT P3 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 4/2/2020. EXHIBIT P4 COPY OF THE G.O.(MS) NO.16/2020/PWD DATED 10/2/20.

¶2097

¶2098

WP(C) Nos.9881/2020 & connected cases

¶2099

: 249 :

¶2100

APPENDIX OF WP(C) 13290/2020

¶2101

PETITIONER'S EXHIBITS:

¶2102

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 OUT LET AWARDED TO THE PETITIONER DATED 7/3/2019.

¶2103

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 5/3/20 EXHIBIT P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10/2/20. EXHIBIT P6 COPY OF THE G.O.(MS)NO.67/2020/PWD DATED 16.10.2020

¶2104

¶2105

WP(C) Nos.9881/2020 & connected cases

¶2106

: 250 :

¶2107

APPENDIX OF WP(C) 14155/2020

¶2108

PETITIONER'S EXHIBITS:

¶2109

EXHIBIT	P1 TRUE COPY OF THE LETTER	NO.
	M/2018/IN001873/KER/000090/4201/	00050
	DATED 19.03.2019 ISSUED T	THE
	PETITIONER BY THE 5TH RESPONDENT	.
EXHIBIT	P2 TRUE COPY OF THE LAY OUT PLAN	OF THE
	PROPOSED PETROLEUM OUTLET PREPA THE INDIAN OIL CORPORATION.	RED BY
EXHIBIT	P3 TRUE COPY OF THE CHECK LIST FOR APPROVAL FOR INSTALLATION OF THE PUMP, PREPARED BY THE 5TH RESPON	GETTING PETROL DENT.
EXHIBIT	P4 TRUE COPY OF THE LETTER C2/5720/20/2019 DATED 03.01.2020 3RD RESPONDENT.	NO. OF THE
EXHIBIT	P5 TRUE COPY OF THE	LETTER
	NO.CE/R/PLG/DB4/243/2020 20.02.2020 OF THE 2ND RESPONDENT	DATED .
EXHIBIT	P6 TRUE COPY OF THE LETTER NO.C2/5 DATED 01.06.2020 OF THE 3RD RESP	79/2020 ONDENT
EXHIBIT	P7 TRUE COPY OF THE JUDGMENT 05.03.2020 OF THIS HON'BLE COURT NO.27/2020.	DATED IN WA

¶2110

¶2111

WP(C) Nos.9881/2020 & connected cases

¶2112

: 251 :

¶2113

APPENDIX OF WP(C) 14585/2020

¶2114

PETITIONER'S EXHIBITS:

¶2115

EXHIBIT P1	A TRUE COPY OF T	HE RELEVANT PA	GES OF
	LETTER OF APPOINT ISSUED BY THE 5TH	MENT DATED 31/ RESPONDENT.	5/2019
EXHIBIT P2	A TRUE COPY OF T 01/06/2019 SUBMIT RESPONDENT.	HE APPLICATION TED BEFORE TH	DATED E 2ND
EXHIBIT P3	A TRUE COPY OF 3256/2019 DATED THE REGIONAL FIRE	THE LETTER 20/07/2019 ISS OFFICER KOTTAYA	NO.D1- UED BY M.
EXHIBIT P4	A TRUE COPY OF T THE CONSENT NO.IC 28/06/2019 ISSUED POLLUTION CONTROL	HE RELEVANT PA E/PTA/1130/2019 BY THE KERALA BOARD.	GES OF DATED STATE
EXHIBIT P5	A TRUE COPY OF	THE LETTER N	O.DB4-
	GENERAL/2312/2019 ISSUED BY THE 3RD	DATED 27/0 RESPONDENT.	8/2019
EXHIBIT P6	A TRUE COPY	OF THE	GO(MS)
	NO.16/2020/PWD DA BY THE 1ST RESPOND	TED 10/02/2020 ENT.	ISSUED

¶2116

¶2117

WP(C) Nos.9881/2020 & connected cases

¶2118

: 252 :

¶2119

APPENDIX OF WP(C) 14848/2020

¶2120

PETITIONER'S EXHIBITS:

¶2121

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 13.06.2019. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 12.07.2019. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN W.A.NO.27/2020 DATED 05.03.2020. EXHIBIT P5 COPY OF THE G.O(MS)NO.16/2020/PWD DATED 10.02.2020. EXHIBIT P6 COPY OF THE GOVERNMENT ORDER NO.551/2020/PWD DATED 23.06.2020. EXHIBIT P7 COPY OF THE GOVERNMENT ORDER NO.555/2020/PWD DATED 24.06.2020. EXHIBIT P8 TRUE COPY OF THE LETTER NO.PWDHI/429/2018 DATED 18/12/2018. EXHIBIT P9 COPY OF THE LETTER OBTAINED UNDER RIGHT TO INFORMATION ACT DATED 03/08/2020. EXHIBIT P8 COPY OF THE G.O.(M.S.)NO.67/2020/PWD DATED 16.10.2020 RESPONDENTS' EXHIBITS: EXHIBIT R1 TRUE COPY OF THE NOTIFICATION NO.35 (WITHDRAWAL OF NOTIFICATION NO.28 DATED 1/12/2019) EXHIBIT R2(b) COPY OF THE NOTIFICATION NO.RW-NH33032/01/2017-S&R(R) DATED 26/6/2020 ISSUED BY MINISTRY OF ROAD TRANSPORT & HIGHWAYS (MORTH) EXHIBIT R1(c) TRUE COPY OF THE REPORT (GUIDELINES FOR ACCESS PERMISSION TO FUEL STATION ALONG STATE HIGHWAYS (SH) AND MAJOR DISTRICT ROADS) BY THE COMMITTEE CONSTITUTED AS PER EXHIBIT P7 (IN WPC NO.14848/2020)

¶2122

¶2123

WP(C) Nos.9881/2020 & connected cases

¶2124

: 253 :

¶2125

APPENDIX OF WP(C) 15228/2020

¶2126

PETITIONER'S EXHIBITS:

¶2127

EXHIBIT P1 THE NO.1	COPY OF 6/202/PWD DA	THE GOVERNMENT ORDER TED 10.02.2020
EXHIBIT P2 THE 7TH	COPY OF THE RESPONDENT D	CIRCULAR ISSUED BY THE ATED 24.02.2020
EXHIBIT P3 THE	COPY OF THE	SKETCH SHOWING THE LIE
AND RESP NEAR	LOCATION OF ONDENT AND TO SAME	THE SITE OF THE 10TH THE INTERSECTION ROAD
EXHIBIT P4 THE TRIB 22.0	COPY OF TH UNAL IN 7.2019	E ORDER OF THE GREEN OA NO.31/2019 DATED
EXHIBIT P5 THE	COPY OF	THE NO OBJECTION
CERT	IFICATE SO	ISSUED BY THE 2ND
RESP	ONDENT IN	FAVOUR OF THE 8TH
RESP	ONDENT DATED	10.07.2020

¶2128

¶2129

WP(C) Nos.9881/2020 & connected cases

¶2130

: 254 :

¶2131

APPENDIX OF WP(C) 15610/2020

¶2132

PETITIONER'S EXHIBITS:

¶2133

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 03-12-2019 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 09-01-2020 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC 12-2016 DATED NIL EXHIBIT P4 COPY OF THE JUDGMENT IN W.A NO. 27/2020 DATED 5-3-2020 EXHIBIT P5 COPY OF THE G.O(MS) NO. 16/2020/PWD DATED 10-02-2020 EXHIBIT P6 COPY OF THE GOVERNMENT ORDER NO. 551/2020 PWD DATED 23-06-2020 EXHIBIT P7 COPY OF THE GOVERNMENT ORDER NO. 555/2020/PWD DATED 24-06-2020 EXHIBIT P8 COPY OF THE GO(MS) NO 67/2020/PWD DATED 16.10.2020

¶2134

¶2135

WP(C) Nos.9881/2020 & connected cases

¶2136

: 255 :

¶2137

APPENDIX OF WP(C) 15613/2020

¶2138

PETITIONER'S EXHIBITS:

¶2139

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 25/11/19, EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 27/4/20.

¶2140

EXHIBIT P3 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO VARIOUS AUTHORITIES DATED 11/5/20. EXHIBIT P4 COPY OF THE NO OBJECTION CERTIFICATE DATED 10/7/20. EXHIBIT P5 COPY OF THE G.O(MS) NO.16/2020/PWD DATED 10/2/20.

¶2141

¶2142

WP(C) Nos.9881/2020 & connected cases

¶2143

: 256 :

¶2144

APPENDIX OF WP(C) 15710/2020

¶2145

PETITIONER'S EXHIBITS:

¶2146

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 12.9.2005. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 19.6.2020. EXHIBIT P3 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 14.2.20. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016. EXHIBIT P5 COPY OF THE JUDGMENT IN W.A.NO.27/2020. EXHIBIT P6 COPY OF THE G.O.(MS)NO.16/2020/PWD DATED 10.2.20. 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 G.O.(MS) NO.67/2020/PWD DATED 16/10/2020.

¶2147

¶2148

WP(C) Nos.9881/2020 & connected cases

¶2149

: 257 :

¶2150

APPENDIX OF WP(C) 15815/2020

¶2151

PETITIONER'S EXHIBITS:

¶2152

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 30/08/19.

¶2153

EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 14/10/2019.

¶2154

EXHIBIT P3 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO VARIOUS AUTHORITIES DATED 01/11/2019. EXHIBIT P4 COPY OF THE NO OBJECTION CERTIFICATE DATED 22/5/2020. EXHIBIT P5 COPY OF THE G.O.(MS) NO.16/2020/PWD DATED 10/2/2020.

¶2155

¶2156

WP(C) Nos.9881/2020 & connected cases

¶2157

: 258 :

¶2158

APPENDIX OF WP(C) 16652/2020

¶2159

PETITIONER'S EXHIBITS:

¶2160

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 26.08.2019. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 26.09.2019. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN W.A.NO.27/2020 DATED 5.3.20. EXHIBIT P5 COPY OF THE G.O.(MS) NO.16/2020/PWD DATED 10.2.20. EXHIBIT P6 COPY OF THE GOVERNMENT ORDER NO.551/2020/PWD DATED 23.06.2020. EXHIBIT P7 COPY OF THE GOVERNMENT ORDER NO.555/2020/PWD DATED 24.06.2020. EXHIBIT P8 COPY OF THE LETTER OBTAINED UNDER RIGHT TO INFORMATION ACT DATED 3.8.2020. EXHIBIT P9 COPY OF THE G.O(M.S.) NO: 67/2020/PWD DATED 16/10/2020.

¶2161

¶2162

WP(C) Nos.9881/2020 & connected cases

¶2163

: 259 :

¶2164

APPENDIX OF WP(C) 16659/2020

¶2165

PETITIONER'S EXHIBITS:

¶2166

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIOENR DATED 18/03/19 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 30-05-2019 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC -12-2016 DATED NIL EXHIBIT P4 COPY OF THE JUDGMENT IN W.A NO. 27/2020 DATED 5/3/2020 EXHIBIT P5 COPY OF THE G.O(MS) NO. 16/2020/PWD DATED 10-02-2020 EXHIBIT P6 COPY OF THE GOVERNMENT ORDER NO. 551/2020/PWD DATED 23-06-2020 EXHIBIT P7 COPY OF THE GOVERNMENT ORDER NO 555/2020 PWD DATED 24-06-2020 EXHIBIT P8 COPY OF THE LETTER OBTAINED UNDER RIGHT TO INFORMATION ACT DATED 3/8/2020 EXHIBIT P9 COPY OF THE G.O.(M.S)NO.67/2020/PWD DATED 16.10.2020.

¶2167

¶2168

WP(C) Nos.9881/2020 & connected cases

¶2169

: 260 :

¶2170

APPENDIX OF WP(C) 16853/2020

¶2171

PETITIONER'S EXHIBITS:

¶2172

EXHIBIT P1	A TRUE LETTER ISSUED	COPY OF THE OF APPOINTMENT BY THE 5TH RES	RELEVANT PAGES OF DATED 31.05.2019 PONDENT.
EXHIBIT P2	A TRUE 01.06.2 RESPOND	COPY OF THE 019 SUBMITTED ENT.	APPLICATION DATED BEFORE THE 2ND
EXHIBIT P3	A TRUE FOR TH	COPY OF THE LO E PROPOSED SI	CATION CERTIFICATE TE ISSUED BY THE
	VILLAGE 01.01.2	OFFICER, 019.	KARULAI DATED
EXHIBIT P4	A TR	UE COPY O	F THE GO(MS)
	NO.16/2 BY THE	020/PWD DATED 1ST RESPONDENT	10.02.2020 ISSUED .

¶2173

¶2174

WP(C) Nos.9881/2020 & connected cases : 261 :

¶2175

APPENDIX OF WP(C) 17084/2020

¶2176

PETITIONER'S EXHIBITS:

¶2177

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 7.3.2019 EXHIBIT P2 COPY OF THE NO OBJECTION CERTIFICATE DATED 28.5.2020 EXHIBIT P3 COPY OF THE GO (MS) NO 16/2020/PWD DATED 10.2.2020

¶2178

¶2179

WP(C) Nos.9881/2020 & connected cases

¶2180

: 262 :

¶2181

APPENDIX OF WP(C) 17901/2020

¶2182

PETITIONER'S EXHIBITS:

¶2183

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 13/06/2019. EXHIBIT P2 TRUE COPY OF GO(MS) NO.46/2019/PWD DATED 22/10/2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF GO(MS) NO.16/2020/PWD DATED 10/02/2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF NO OBJECTION CERTIFICATE DATED 07/08/2019 ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM EXHIBIT P5 TRUE COPY OF INFORMATION OBTAINED UNDER RIGHT TO INFORMATION ACT DATED 3/08/2020. EXHIBIT P6 TRUE COPY OF G.O.(MS) NO.67/2020/PWD DATED 16/10/2020 ISSUED BY THE 1ST RESPONDENT

¶2184

¶2185

WP(C) Nos.9881/2020 & connected cases

¶2186

: 263 :

¶2187

APPENDIX OF WP(C) 18256/2020

¶2188

PETITIONER'S EXHIBITS:

¶2189

EXHIBIT P1	TRUE PHOTOCOPY OF LETTER	OF INTENT
	NO.CRRO/RET/ADV/2018-19	DATED
	26.02.2019 ISSUED BY RESPONDENT.	THE 5TH
EXHIBIT P2	TRUE PHOTOCOPY OF NO	OBJECTION
	CERTIFICATE NO.B-2602/201	9 DATED
	24.07.2019 ISSUED BY THE RE OFFICER THIRUVANANTHAPURAM.	GIONAL FIRE
EXHIBIT P3	TRUE PHOTOCOPY OF NO	OBJECTION
	CERTIFICATE NO.CS10-2476/	19 DATED
	12.07.2019 ISSUED BY THE SUPPLY OFFICER THIRUVANANTHA	DISTRICT PURAM.
EXHIBIT P4	TRUE PHOTOCOPY OF NO	OBJECTION
	CERTIFICATE NO.C2-17159/19-	DMO DATED
	24.7.2019 ISSUED BY THE	DISTRICT
	MEDICAL OFFICER THIRUVANANTHAPURAM.	(HEALTH)
EXHIBIT P5	TRUE PHOTOCOPY OF PROCEED 22.05.2020 OF THE 2ND RESPON	INGS DATED DENT.
EXHIBIT P6	TRUE PHOTOCOPY OF LETTER NO	.B4/9012/19
	DATED 30.08.2019 OF THE NEYYATTINKARA.	TAHASILDAR
EXHIBIT P7	TRUE PHOTOCOPY OF GO(MS)NO. DATED 10.02.2020.	16/2020/PWD

¶2190

¶2191

WP(C) Nos.9881/2020 & connected cases

¶2192

: 264 :

¶2193

APPENDIX OF WP(C) 18463/2020

¶2194

PETITIONER'S EXHIBITS:

¶2195

EXHIBIT P1	A TRUE C APPOINTMENT THE 5TH RES	OPY DATED PONDENT	OF 31	THE LE .12.2018	TTER OF ISSUED BY
EXHIBIT P2	A TRUE COP 02.01.2019 RESPONDENT	Y OF T SUBMIT	HE TED	APPLICAT BEFORE	ION DATED THE 2ND
EXHIBIT P3	A TRUE NO.KSTP/KNR 11/12/2019	COPY /DN/AE- ISSUED	I BY	OF THE & II/19/ THE 4TH R	LETTER KK DATED ESPONDENT
EXHIBIT P4	A TRUE COPY	OF THE	GO	(MS)NO.16	/2020/PWD
	DATED 10.0 RESPONDENT.	2.2020	IS	SUED BY	THE 1ST

¶2196

¶2197

WP(C) Nos.9881/2020 & connected cases

¶2198

: 265 :

¶2199

APPENDIX OF WP(C) 18542/2020

¶2200

PETITIONER'S EXHIBITS:

¶2201

EXHIBIT	P1 TRUE COPY OF 21/3/2019.	THE	LETTER OF INTENT DATED
EXHIBIT	P2 TRUE COPY CERTIFICATE	OF DATED	THE NO OBJECTION 9/12/2019.
EXHIBIT	P3 COPY OF T 46/2019/PWD	HE DATED	ORDER G.O.(MS) NO. 22/10/2019.
EXHIBIT	P4 TRUE COPY OF (MS) NO. 16/	THE 2020/	GOVERNMENT ORDER G.O. PWD DATED 10/2/2020.
EXHIBIT	P5 TRUE COPY OF DATED 29/1/2	THE 020.	LETTER OF APPOINTMENT
EXHIBIT	P6 TRUE COPY OF 28/1/2020.	THE	PESO CERTIFICATE DATED
EXHIBIT	P7 TRUE COPY OF TO OPERATE.	THE	ORDER ISSUING CONSENT
EXHIBIT	P8 TRUE COPY O	F TH	E CERTIFICATE ISSUED
	FROM THE ERNAKULAM.	REGI	ONAL FIRE OFFICER

¶2202

¶2203

WP(C) Nos.9881/2020 & connected cases

¶2204

: 266 :

¶2205

APPENDIX OF WP(C) 18543/2020

¶2206

PETITIONER'S EXHIBITS:

¶2207

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 04.10.19 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 04.11.2019 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL EXHIBIT P4 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 5.3.30 EXHIBIT P5 COPY OF THE GO (MS) NO.16/2020/PWD DATED 10.2.2020 EXHIBIT P6 COPY OF THE GOVERNMENT ORDER NO.551/2020 PWD DATED 23.6.2020 EXHIBIT P7 COPY OF THE GOVERNMENT ORDER NO.555/2020/PWD DATED 24.6.2020 EXHIBIT P8 COPY OF THE G.O.(M.S) NO.67/2020/PWD DATED 16.10.2020.

¶2208

¶2209

WP(C) Nos.9881/2020 & connected cases

¶2210

: 267 :

¶2211

¶2212

PETITIONER'S EXHIBITS:

¶2213

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 13/06/19. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 18/9/2019. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF OF IRC 12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN W.A. NO. 27/2020 DATED 5/3/20. EXHIBIT P5 COPY OF THE G.O. MS NO. 16/2020/PWD DATED 10/2/20. EXHIBIT P6 COPY OF THE GOVERNMENT ORDER NO. 551/2020/PWD DATED 23.6.2020. EXHIBIT P7 COPY OF THE GOVERNMENT ORDER NO. 555/2020/PWD DATED 24/6/2020. EXHIBIT P8 COPY OF THE G.O.(MS)NO.67/2020/PWD DATED 16/10/2020.

¶2214

¶2215

WP(C) Nos.9881/2020 & connected cases

¶2216

: 268 :

¶2217

¶2218

PETITIONER'S EXHIBITS:

¶2219

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 10.03.2019. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 10.06.2019. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL. EXHIBIT P4 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 05.03.20. EXHIBIT P5 COPY OF THE GO(MS)NO.16/2020/PWD DATED 10.2/20. EXHIBIT P6 COPY OF THE GOVERNMENT ORDER NO.551/2020/PWD DATED 23.06.2020. EXHIBIT P7 COPY OF THE GOVERNMENT ORDER NO.555/2020/PWD DATED 24.06.2020. EXHIBIT P8 COPY OF THE G.O.(M.S) NO.67/2020/PWD DATED 16.10.2020

¶2220

¶2221

WP(C) Nos.9881/2020 & connected cases

¶2222

: 269 :

¶2223

APPENDIX OF WP(C) 21339/2020

¶2224

PETITIONER'S EXHIBITS:

¶2225

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 29/06/19 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GEETING NOC TO THE 0UT LET AWARDED TO THE PETITIONER DATED 09/07/2019 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC12-2016 DATED NIL EXHIBIT P4 COPY OF THE JUDGMENT IN W.A.NO.27/2020 DATED 5/3/2020 EXHIBIT P5 COPY OF THE G.O(MS)NO.16/2020/PWD DATED 10/2/20 EXHIBIT P6 COPY OF THE GOVERNMENT ORDER NO.551/2020/PWD DATED 23/6/2020 EXHIBIT P7 COPY OF THE GOVERNMENT ORDER NO.555/2020/PWD DATED 24/6/2020 EXHIBIT P8 COPY OF GO(MS) NO 67/2020/PWD DATED 16.10.2020

¶2226

¶2227

WP(C) Nos.9881/2020 & connected cases

¶2228

: 270 :

¶2229

APPENDIX OF WP(C) 22208/2020

¶2230

PETITIONER'S EXHIBITS:

¶2231

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 14-10-2020 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 17-12-2019 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC 12-2016 DATED NIL EXHIBIT P4 COPY OF THE JUDGMENT IN W.A NO. 27/2020 DATED 5/3/2020 EXHIBIT P5 COPY OF THE G.O(MS) NO. 16/2020/PWD DATED 10-02-2020 EXHIBIT P6 COPY OF THE G.O.(MS) NO.67/2020/PWD DATED 16/10/2020

¶2232

¶2233

WP(C) Nos.9881/2020 & connected cases

¶2234

: 271 :

¶2235

APPENDIX OF WP(C) 25243/2020

¶2236

PETITIONER'S EXHIBITS:

¶2237

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 14.10.2020. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 06.11.2020. EXHIBIT P3 COPY OF THE GO(MS) NO.46/2019/PWD DATED 22.10.2019. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF IRC 12-2016 DATED NIL. EXHIBIT P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10.02.2020. EXHIBIT P6 COPY OF THE JUDGMENT IN W.A NO.27/2020 DATED 5.3.2020. 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 18/12/2018. 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 9.11.2020.

¶2238

¶2239

WP(C) Nos.9881/2020 & connected cases

¶2240

: 272 :

¶2241

APPENDIX OF WP(C) 25290/2020

¶2242

PETITIONER'S EXHIBITS:

¶2243

EXHIBIT P1 COPY OF THE OFFER LETTER OF INDENT ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 06.11.2019. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 23.12.2019. EXHIBIT P3 COPY OF THE GO(MS) NO.46/2019/PWD DATED 22.10.2019. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF IRC -12-2016 DATED NIL. EXHIBIT P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED 10.02.2020. EXHIBIT P6 COPY OF THE JUDGMENT IN WA NO.27/2020 DATED 5.3.2020 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 ALONG WITH GUIDELINES. EXHIBIT P10 TRUE COPY OF THE LETTER NO.PWDH1/429/2018 DATED 18.12.2018. EXHIBIT P11 COPY OF THE LETTER RECEIVED UNDER RIGHT TO INFORMATION ACT. EXHIBIT P12 COPY OF THE LETTER ISSUED TO THE GOVERNMENT SECRETARY FOOD AND CIVIL SUPPLIES DATED 9.11.2020.

¶2244

¶2245

WP(C) Nos.9881/2020 & connected cases

¶2246

: 273 :

¶2247

APPENDIX OF WP(C) 25304/2020

¶2248

PETITIONER'S EXHIBITS:

¶2249

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 26/02/2020 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 13/07/2020 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.

¶2250

¶2251

WP(C) Nos.9881/2020 & connected cases

¶2252

: 274 :

¶2253

APPENDIX OF WP(C) 25325/2020

¶2254

PETITIONER'S EXHIBITS:

¶2255

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 20-02-2020 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 17-07-2020 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 IRC -12-2016 DATED NIL EXHIBIT P5 COPY OF THE G.O(MS) NO. 16/2020/PWD DATED 10-02-2020 EXHIBIT P6 COPY OF THE JUDGMENT IN W.A NO. 27/2020 DATED 5-3-2020 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 18-12-2018 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 9/11/2020

¶2256

¶2257

WP(C) Nos.9881/2020 & connected cases

¶2258

: 275 :

¶2259

APPENDIX OF WP(C) 25904/2020

¶2260

PETITIONER'S EXHIBITS:

¶2261

EXHIBIT P1 TRUE LETTER OF INTENT DATED 8.3.2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF CERTIFICATE DATED 16.8.2019 ISSUED BY THE REGIONAL FIRE OFFICER. EXHIBIT P3 TRUE COPY OF THE NO OBJECTION LETTER DATED 13.1.2020 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM. EXHIBIT P4 TRUE COPY OF THE PESO LICENCE DATED 31.10.2019 ISSUED BY GOVERNMENT OF INDIA. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 17.1.2020 ISSUED BY THE DEPUTY GENERAL MANAGER, INDIAN OIL CORPORATION. EXHIBIT P6 TRUE COPY OF THE REVISED LETTER DATED 25.6.2020 BY PETITIONER. EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 20.10.2020 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROADS SECTION. EXHIBIT P8 TRUE COPY OF THE GO DATED 22.10.2019 ISSUED BY GOVERNMENT. EXHIBIT P9 TRUE COPY OF THE GO DATED 10.2.2020 ISSUED BY GOVERNMENT. EXHIBIT P10 TRUE COPY OF THE GO DATED 16.10.2020 ISSUED BY THE GOVERNMENT.

¶2262

¶2263

WP(C) Nos.9881/2020 & connected cases

¶2264

: 276 :

¶2265

APPENDIX OF WP(C) 26591/2020

¶2266

PETITIONER'S EXHIBITS:

¶2267

EXHIBIT P1 COPY 5TH	OF THE RESPONDE	OFFER NT TO	LETTER ISSUED BY THE THE PETITIONER
EXHIBIT P2 COPY 5TH OUT	OF THE RESPOND LET AWAR	APPLI ENT FO DED TO	CATION FILED BY THE R GETTING NOC TO THE THE PETITIONER
EXHIBIT P3 COPY NO.3	OF 5999/201	THE 9	JUDGMENT IN WPC
EXHIBIT P4 COPY DATE	OF THE D 17.11.	ORDER 20	OF THE 4TH RESPONDENT
EXHIBIT P5 COPY 16.1	OF THE 0.2020	GO(MS)	NO.67/2020/PWD DATED

¶2268

¶2269

WP(C) Nos.9881/2020 & connected cases

¶2270

: 277 :

¶2271

APPENDIX OF WP(C) 26596/2020

¶2272

PETITIONER'S EXHIBITS:

¶2273

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER. 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.

¶2274

¶2275

WP(C) Nos.9881/2020 & connected cases

¶2276

: 278 :

¶2277

APPENDIX OF WP(C) 27914/2020

¶2278

PETITIONER'S EXHIBITS:

¶2279

EXHIBIT P1	A PHOTOCOPY OF THE GOVERNMENT ORDER DATED 22/10/2019.
EXHIBIT P2	A PHOTOCOPY OF THE GOVERNMENT ORDER DATED 10/02/2020.
EXHIBIT P3	A COPY OF THE GOVERNMENT ORDER DATED 23/06/2020.
EXHIBIT P4	A COPY OF THE GOVERNMENT ORDER DATED 16/10/2020.
EXHIBIT P5	A TRUE COPY OF THE JUDGMENT DATED 02/04/2013 IN CIVIL APPEAL NOS. 2784 TO
	2792 TO 2013 OF THE SUPREME COURT OF INDIA.
EXHIBIT P6	A TRUE COPY OF THE JUDGMENT DATED 05/08/2014 AND INTERIM ORDER DATED 05/02/2014 IN WRIT PETITION (CIVIL) NOS.31019, 32121 & 32122 OF 2013.
EXHIBIT P7	A TRUE COPY OF THE COMMUNICATION NO.15561/D3/2013/F&CSD DATED 02/01/2014 ISSUED BY THE SECRETARY, FOOD & CIVIL SUPPLIES DEPARTMENT TO THE PRESIDENT OF AKFPT.
EXHIBIT P8	A TRUE COPY OF THE JUDGMENT DATED 23.5.2011 IN WPC NOS 1016 OF 2010 AND CONNECTED CASES, REPORTED IN 2011(3) KLT 570
EXHIBIT P9	A TRUE COPY OF THE JUDGMENT DATED 20.12.2017 IN WA NO 1035 OF 2015 AND CONNECTED CASES, REPORTED IN (2018) 3 KLT 70
EXHIBIT P10	A TRUE COPY OF THE JUDGMENT DATED 11.2.2015 IN WPC 2186 OF 2015 OF THIS COURT
EXHIBIT P11	A TRUE COPY OF THE REPRESENTATION DATED
	5.3.3030, ALONG WITH AN ENGLISH TRANSLATION

¶2280

¶2281

WP(C) Nos.9881/2020 & connected cases

¶2282

: 279 :

¶2283

APPENDIX OF WP(C) 28055/2020

¶2284

PETITIONER'S EXHIBITS

¶2285

EXHIBIT P1 A PHOTOCOPY OF THE GOVERNMENT ORDER DATED 22.10.2019. EXHIBIT P2 A PHOTOCOPY OF THE GOVERNMENT ORDER DATED 10.02.2020. EXHIBIT P3 A COPY OF THE GOVERNMENT ORDER DATED 23.06.2020. EXHIBIT P4 A COPY OF THE GOVERNMENT ORDER DATED 16.10.2020. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 02.04.2013 IN CIVIL APPEAL NOS. 2784 TO 2792 OF 2013 OF THE SUPREME COURT OF INDIA. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 05.08.2014 AND INTERIM ORDER DATED 05.02.2014 IN WRIT PETITION (CIVIL) NOS. 31019, 32121 AND 32122 OF 2013. EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION NO. 15561/D3/2013/F&CSD DATED 02.01.2014 ISSUED BY THE SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT TO THE PRESIDENT OF AKFPT. EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DAED 23.5.2011 IN WPC NO 1016 OF 2010 AND CONNECTED CASES, REPORTED IN 2011 (3) KLT 570 EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 20.12.2017 IN WA NO 1035 OF 2015 AND CONNECTED CASES, REPORTED IN (2018) 3 KLT 70 EXHIBIT P10 A TRUE COPY OF THE JUDGMENT DATED 11.2.2015 IN WPC NO 2186 OF 2015 OF THIS HON'BLE COURT EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION DATED 5.3.2020, ALONG WITH AN ENGLISH TRANSLATION

¶2286

WP(C) Nos.9881/2020 & connected cases

¶2287

: 280 :

¶2288

RESPONDENTS' EXHIBITS:

¶2289

EXHIBIT R2(a): TRUE COPY OF THE NOTIFICATION NO.RW-NH33032/01/2017-S&R(R) DATED 26/06/2020 ISSUED BY MINISTRY OF ROAD TRANSPORT & HIGHWAYS (MoRTH) EXHIBIT R2(b): TRUE COPY OF THE REPORT (GUIDELINES FOR ACCESS PERMISSION TO FUEL STATION ALONG STATE HIGHWAYS(SH) AND MAJOR DISTRICT ROADS) BY THE COMMITTEE CONSTITUTED AS PER G.O.(RT) NO.555/2020/PWD DATED 24/06/2020.

¶2290

¶2291

WP(C) Nos.9881/2020 & connected cases

¶2292

: 281 :

¶2293

APPENDIX OF WP(C) 68/2021

¶2294

PETITIONER'S EXHIBITS:

¶2295

EXHIBIT P1 THE COPY OF THE NO OBJECTION CERTIFICATE DATED 10.12.2020 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 5TH RESPONDENT. EXHIBIT P2 THE COPY OF THE GO.NO. 67/2020 DATED 16.10.2020. EXHIBIT P3 THE COPY OF THE INFORMATION FURNISHED BY SOORANADU SOUTH GRAMA PANCHAYATH WITH RESPECT TO THE WIDTH OF INTERSECTION ROAD, DATED 30.08.2019. EXHIBIT P4 THE COPY OF THE SKETCH ISSUED BY THE VILLAGE OFFICER, SOORANADU SOUTH SHOWING THE INTERSECTION ROAD ON THE EASTERN SIDE OF THE PROPERTY.

¶2296

¶2297

WP(C) Nos.9881/2020 & connected cases

¶2298

: 282 :

¶2299

APPENDIX OF WP(C) 249/2021

¶2300

PETITIONER'S EXHIBITS:

¶2301

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 27/04/2019. 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.

¶2302

¶2303

WP(C) Nos.9881/2020 & connected cases

¶2304

: 283 :

¶2305

APPENDIX OF WP(C) 2749/2021

¶2306

PETITIONER'S EXHIBITS:

¶2307

EXHIBIT	P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT	P2 COPY OF THE APPLICATION FILED BY THE
	5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.
EXHIBIT	P3 COPY OF THE GO (MS) NO. 46/2019/PWD DATED 22/10/2019.
EXHIBIT	P4 COPY OF THE RELEVANT PAGE OF IRC 12- 2016 DATED NIL.
EXHIBIT	P5 COPY OF THE GO (MS) NO. 16/2020/PWD DATED 10/2/20.
EXHIBIT	P6 COPY OF THE JUDGMENT IN WA 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 24/06/2020.
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 9/11/20.

¶2308

¶2309

WP(C) Nos.9881/2020 & connected cases

¶2310

: 284 :

¶2311

APPENDIX OF WP(C) 5563/2021

¶2312

PETITIONER'S EXHIBITS:

¶2313

EXHIBIT P1 TRUE 5TH	COPY RESPON	OF THE DENT TO	LETTER ISSUED BY THE THE PETITIONER.
EXHIBIT P2 TRUE	COPY	OF THE	APPLICATION FILED BY
THE THE	5TH R OUT LE	ESPONDEN T ALLOTT	T FOR GETTING NOC TO ED TO THE PETITIONER.
EXHIBIT P3 TRUE INDI	COPY AN ROA	OF THE R D CONGRE	ECOMMENDATIONS BY THE SS 2009.
EXHIBIT P4 TRUE 3302	COPY 3/19/9	OF THE 9 DO-III	CIRCULAR NUMBER RW/NH DATED 24.7.2013.
EXHIBIT P5 TRUE 1467	COPY 4/2019	OF THE DATED 1	INTERIM ORDER IN WPC 3.6.2019.
EXHIBIT P6 THE 2330 2.11	TRUE 9/2020 .2020.	COPY OF OF THI	THE JUDGMENT IN WPC S HON'BLE COURT DATED
EXHIBIT P7 THE	TRUE	COPY OF	THE LETTER ISSUED BY
THE RESP	4TH ONDENT	RESPON 12.1.20	DENT TO THE 5TH 21.
EXHIBIT P8 THE NO.6	TRUE 7/2020	COPY OF PWD DAT	THE GOVERNMENT ORDER ED 16.10.2020.
EXHIBIT P9 THE H1/4	TRUE 29/201	COPY O 8 DATED	F THE LETTER NO.PWD 18.12.2018.

¶2314

¶2315

WP(C) Nos.9881/2020 & connected cases

¶2316

: 285 :

¶2317

APPENDIX OF WP(C) 5629/2021

¶2318

PETITIONER'S EXHIBITS:

¶2319

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DTD. 1.10.2020 EXHIBIT P2 COPY OF APPLICATION FILED BY THE 4TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DTD. 1.10.2020 EXHIBIT P3 COPY OF THE REPORT OF THE VAIKOM MUNICIPALITY DATED 1/3/2021. EXHIBIT P4 COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 20.2.2021 EXHIBIT P5 COPY OF THE G.O.(M.S.) NO.67/2020 DATED 16/10/2020

¶2320

¶2321

WP(C) Nos.9881/2020 & connected cases

¶2322

: 286 :

¶2323

APPENDIX OF WP(C) 8332/2021

¶2324

PETITIONER'S EXHIBITS:

¶2325

EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DTD 14/10/20 EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DTD 30/10/20 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 OF IRC-12-2016 DATED NIL EXHIBIT P5 COPY OF THE G.O.(MS)NO.16/2020/PWD DATED 10/2/2020 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.

¶2326

Prasad T.M. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Prasad T.M. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Cases cited

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