Appeal against High Court order dismissing writ petition challenging construction of bus shelter before petrol pump. Bench found no public interest to interfere and appellant failed to establish illegality, upholding lower court judgment.
Writ appeal dismissed without interference in the single judge's judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 26TH DAY OF OCTOBER 2022 / 4TH KARTHIKA, 1944
W.A .NO. 1463 OF 2022
AGAINST THE JUDGMENT IN WP(C) 16086/2021 OF HIGH COURT OF KERALA DATED 19.5.2022
APPELLANT:
G.RAMESAN & CO., A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER CHITRA RAMESH,D/O.G.RAMESAN,AGED 61,DEALERS OF HINDUSTAN PETROLEUM PRODUCTS,KILLIPPALAM,CAPE ROAD,THIRUVANANTHAPURAM-695 002.
BY ADV K.C.ELDHO SRI. ABEE ANTONY
RESPONDENTS:
K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM
SRI TEKCHAND SR. GP; SMT. NAYANPPALLY RAMOLA-HPCL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1463 of 2022
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JUDGMENT
Dated this the 26th day of October 2022
S.MANIKUMAR, C.J.
The appellant herein is the writ petitioner in W.P.(C) No.16086 of 2021. Appellant is a partnership firm engaged in the retail dealership of petroleum products supplied by the Hindustan Petroleum Corporation. The case projected by the appellant/writ petitioner is that respondents 4 and 5 [Executive Engineer, Public Works Department and Municipal Corporation of Thiruvananthapuram] constructed a waiting shed in front of the petrol pump in violation of Exts.P2 and P8 guidelines issued by the Union of India. According to the appellant, such construction cannot be made in front of an outlet dispensing highly inflammable petroleum products.
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“a) Issue a writ of mandamus or any other appropriate writ, order or direction compelling the respondents 4 and 5 [Executive Engineer, Public Works Department and Municipal Corporation of Thiruvananthapuram] to remove forthwith the bus stop and waiting shed in front of the HPCL petrol pump at Killipalam, Cape road, Thiruvananthapuram owned by the petitioner.
b) issue a writ of mandamus or any other appropriate writ, order or direction compelling the 3rd respondent to roder the immediate demolishing of the unauthorised waiting shed constructed in the National Highway in front of the petitioners petrol pump and take action against the erring officials who permitted construction of a waiting shed in front of the petitioners petrol pump in the National Highway in violation of Ext.P2 and P8 Guidelines of Union of India.
c) Issue a writ of mandamus or any other appropriate writ, order or direction compelling the respondent 4 and 5 to consider Ext.P3 series and P5 series and Ext.P6 and P7 representations and forthwith demolish and remove the illegal construction of the waiting shed in front of the petrol pump of the petitioner.”
“3. The 4th respondent has filed a counter-affidavit in which it is stated that Exts.P2 and P8 guidelines do not apply to the construction in question. It is submitted that the guidelines relate to the norms for access permission
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to fuel stations, etc. and that the issue, in this case, is not regarding access permission. It is further submitted that the Roads Wing of the State PWD has undertaken the construction of bus shelters on various roads in the constituency as part of a larger project sanctioned by the people's representative under the Asset Development Scheme. It is stated that there is no prohibition either under the Petroleum Act or in the Guidelines against the construction of a bus shelter within the right of way (RoW) along the side of the National Highway, without blocking the ingress and egress to the petrol bunk. It is specifically stated that the existing bus shelter is outside the periphery of the petrol bunk and is not within the prohibited area for construction.
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It is stated that the bus shelter has been constructed in accordance with the Ministry of Road Transport and Highways Specifications providing sufficient entry and exit space to the petitioner's petrol bunk. It is stated that the location is most ideal due to its proximity to various hospitals in the city. It is further submitted that the bus shelter has been constructed and has been opened for the public in November 2021 itself.
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Ext.P2 guidelines. Clause 6.2.4 says about maintaining a buffer strip from the edge of the RoW which extends to a minimum of 3 metres inside the fuel station plot. What is prohibited is a structure or hoarding, except the approved standard identification sign on a pole and which must be provided outside the RoW. As stated in the report filed by the respondents, the construction in question does not fall within the said area and comes within the RoW of the National Highway. There is no material available before the Court to come to a conclusion that the construction is illegal or against the prescribed safety norms.
19.5.2022 in W.P.(C)No.16086 of 2021.
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safety of the public. Appellant also submitted that the representations are submitted by him before the 4th and 5th respondents seeking appropriate action for the removal of the illegal construction. But there is inaction on the part of the respondents. Various other contentions are also raised in the writ appeal.
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are of the view that the appellant has failed to establish that the construction is illegal or unauthorised. Moreover, we find
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no reason to interfere with the conclusions arrived at by the learned Single Judge in the judgment impugned in this writ appeal.
Writ appeal fails and it is accordingly dismissed.
SD/S.MANIKUMAR CHIEF JUSTICE
SD/SHAJI P. CHALY JUDGE
jes
3 issues framed by the court
Whether the High Court ought to interfere with the writ court order dismissing the petition against the construction of a bus shelter in front of a petrol pump.
Whether the construction of the waiting shed came within the prohibitions stated in the Union of India guidelines.
Whether the appellant failed to establish that the construction was illegal or unauthorized.
G.RAMESAN & CO.
UNION OF INDIA
THE REGIONAL OFFICER, NATIONAL HIGHWAY AUTHORITY INDIA LIMITED
STATE OF KERALA
EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT
MUNICIPAL CORPORATION OF THIRUVANANTHAPURAM
S.MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
