Kerala High Court
Rejina Dannish vs The State Of Kerala on 15 September, 2020
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020/24TH BHADRA, 1942
WA.No.1182 OF 2020
AGAINST THE JUDGMENT IN WP(C) 34654/2019(F) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
REJINA DANNISH
AGED 33 YEARS, W/O. DHANNISH,
AYANI THAHZKUNI, MUTHUVADATHOOR,
PURAMERI, VADAKARA, KOZHIKODE.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE ADDL. CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 KERALA PUBLIC WORKS DEPARTMENT,
REP. BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P.O,
THIRUVANANTHAPURAM-695 003
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
KOZHIKODE-673 002
W.A.1182/2020
2
4 THE DISTRICT COLLECTOR,
KOZHIKODE DIST. COLLECTORATE,
KOZHIKODE-673020
5 BHARAT PETROLEUM CORPORATION LTD.
REP. BY ITS CHIEF REGIONAL MANAGER,
3RD FLOOR, CEEKEY TOWERS, VANDIPETTA,
KANNUR ROAD, NADAKKAVU WEST,
CALICUT-673 9011
SRI.ARAVIND KUMAR BABU, SR.GP FOR R1 TO R4,
SRI.M.GOPIKRISHNAN NAMBIAR, FOR R5
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
15.09.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.1182/2020
3
JUDGMENT
Dated this the 15th day of September, 2020 S. Manikumar, CJ.
This writ appeal is filed challenging the judgment in W.P(C). No.34654 of 2019 dated 19.12.2019, by which the writ court dismissed the writ petition holding that if at all the petitioners have any grievance against the application of IRC Guidelines and MORTH Norms in the matter of considering their requests for No Objection Certificates under Rules 144 of the Rules, they cannot approach this Court before a decision is taken on the application.
2. The very same issue has been considered by this Court in W.A. No. 27 of 2020 and connected cases, and this Court as per judgment dated 05.03.2020 allowed the writ appeals. The operative portion of the said judgment reads thus:
"7. Mr. M. GopiKrishnan Nambiar, learned standing counsel for Bharat Petroleum Corporation and Mr. N. Manoj Kumamr, learned Special Government Pleader for the State submitted that Government have incorporated IRC norms in the PWD Manual. G.O.(M.S) No.16/2020/PWD dated 10.2.2020 has been issued subsequent to the disposal of writ petitions. IRC W.A.1182/2020 4 guidelines for road safety has been withdrawn on 1.12.2019. Had the of withdrawal of IRC guidelines been brought to the notice of the writ court, this common judgment dismissing the writ petitions for not satisfying IRC guidelines would not have been passed
8. Pursuant to the interim directions granted in the writ petitions, some of the appellants have been issued with No Objection Certificates. Subsequently, writ petitions have been dismissed. Though interim order merges with the final judgment, correctness of the said judgment is carried on in the instant appeals and judgment is reversed, the litigant is entitled to be protected and entitled to the benefits arising out of the interim order. Thus, we are of the view that the writ petitioners/appellants, who have obtained No Objection Certificate from competent authority shall continue with the the benefits of the interim order. We are not expressing anything on those applications which are rejected or still pending with the competent authority. Common judgment in W.P(C). No.29005 of 2019 and connected cases dated 19.12.2019 is set aside. All the writ appeals are allowed, as indicated above."
3. Since the issue is already covered in favour of the appellant, Sri. Aravindakumar Babu, Sr. Government Pleader, is put on notice for respondents 1 to 4 and Sri. M. Gopikrishnan Nambiar, learned Standing Counsel for the Indian Oil Corporation is also put on notice for the 5 th respondent.
W.A.1182/20205
Following the judgment dated 05.03.2020 passed by this Court in W.A.No. 27 of 2020 and batch, we allow this writ appeal by setting aside the impugned judgment.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.