Kerala High Court
Jasmine Sirajudeen vs The State Of Kerala on 5 March, 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
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.27 OF 2020
AGAINST THE JUDGMENT IN WP(C) 23887/2019(I) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
JASMINE SIRAJUDEEN
AGED 32 YEARS, W/O. SUDHEER BADHARUDEEN,
USHAS, T.C.11/640, NANTHANCODE,
KOWDIAR P. O., THIRUVANANTHAPURAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE ADDL. CHIEF SECRETAR,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 KERALA PUBLIC WORKS DEPARTMENT
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT, JAGAD
BUILDINGS, KOWDIAR P. O.,
THIRUVANANTHAPURAM - 695 003.
3 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION,
THIRUVANANTHAPURAM - 695 033.
W.A.No.27/2020 & Conn. Cases
2
4 THE DISTRICT COLLECTOR
COLLECTORATE,
THIRUVANANTHAPURAM - 695 035.
5 BHARAT PETROLEUM CORPORATION LTD.
REPRESENTED BY ITS CHIEF REGIONAL MANAGER
ERNAKULAM RETAIL TERRITORY OFFICE,
IRIMPANAM INSTALLATION,
SEAPORT AIRPORT ROAD, IRIMPANAM P. O.,
KOCHI - 682 309.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR,
R5 BY ADV. SRI.P.GOPINATH (SR.)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.49/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941
WA.No.49 OF 2020
AGAINST THE JUDGMENT IN WP(C) 26583/2019(W) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
MANOJ VALAMPARAMPAN
AGED 42 YEARS,
S/O.GEORGE VALAMPARAMPAN,
VALAMPAAMPIL, MAROOR P.O.,
ELAMANNOR, PATHANAMTHITTA.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE ADDL. CHIEF SECRETARY
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695 003.
W.A.No.27/2020 & Conn. Cases
4
3 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION,
MINI CIVIL STATION,
PATHANAMTHITTA-689 645.
4 THE DISTRICT COLLECTOR
PATHANAMTHITTA DISTRICT,
COLLECTORATE,
PATHANAMTHITTA 689 645.
5 BHARAT PETROLEUM CORPORATION
REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
ERNAKULAM TERRITORY,
IRIMPANAM INSTALLATION,
IRIMPANAM COCHIN-682 309.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR,
R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.58 OF 2020
AGAINST THE JUDGMENT IN WP(C) 17720/2019(L) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
BIJU SUDHAKARAN
AGED 47 YEARS,
S/O.SUDHAKARAN,
BIJU BHAVANAM,
THODIYOOR NORTH,
KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE ADDL.CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT,
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695 003.
W.A.No.27/2020 & Conn. Cases
6
3 THE EXECUTIVCE ENGINEER,
PWD ROADS DIVISION,
BEACH ROAD, KOLLAM-691 001.
4 THE DISTRICT COLLECTOR,
KOLLAM DISTRICT,
COLLECTORATE,
KOLLAM-691 013.
5 HINDUSTAN PETROLEUM CORPORATION LTD.,
REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
COCHIN RETAIL REGIONAL OFFICE,
ERNAKULAM NORTH P.O., P.B.NO.1601,
COCHIN-682 018.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR,
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941
WA.No.69 OF 2020
AGAINST THE JUDGMENT IN WP(C) 24469/2019(G) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
BINAZAR
AGED 46 YEARS
W/O. MR. MUHAMMED KHAN,
PUTHENPARAMBIL HOUSE,
ERATTUPETTA P O, KOTTAYAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE ADDL. CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P O,
THIRUVANANTHAPURAM-695003.
W.A.No.27/2020 & Conn. Cases
8
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION, KOTTAYAM-686001.
4 THE DISTRICT COLLECTOR,
KOTTAYAM DISTRICT, COLLECTORATE,
KOTTAYAM-686001.
5 BHARATH PETROLEUM CORPORATION LTD,
REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
ERNAKULAM RETAIL TERRITORY OFFICE,
IRIMPANAM INSTALLATION,
SEAPORT AIRPORT ROAD,
IRIMPANAM P O, KOCHI-682 309.
ADDL. 6 DINESH PUTHALATH,
AGED 60 YEARS, S/O KUNHIRAMAN NAIR,
RESIDING AT SREESATHMAM, KAVINMOOLA,
MAMBRA P.O., KANNUR - 670611.
[ADDL.R6 IMPLEADED AS PER ORDER DATED
5.3.2020]
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR,
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
R6 BY ADV. M.R.ANISON
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.70 OF 2020
AGAINST THE JUDGMENT IN WP(C) 31178/2019(V) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/S:
SHEEBA.S
AGED 37 YEARS
W/O.SUNDARESAN, VETTUVILANGATHIL, PADA NORTH,
KARUNAGAPPALLY, KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/S:
1 THE STATE OF KERALA
REP BY THE ADDL.CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001
2 KERALA PUBLIC WORKS DEPARTMENT
REP BY THE PROJECT DIRECTOR KERALA STATE
TRANSPORT PROJECT JAGAD BUILDINGS,
KOWDIAR.P.O, THIRUVANANTHAPURAM-695003
3 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION, BEACH ROAD,
KOLLAM-691001
W.A.No.27/2020 & Conn. Cases
10
4 THE DISTRICT COLLECTOR,
KOLLAM DISTRICT COLLECTORATE,
KOLLAM-691 013
5 BHARAT PETROLEUM CORPORATION LIMITED
REP BY ITS CHIEF REGIONAL MANAGER,
ERNAKULAM TERRITORY,
IRIMPANAM INSTALLATION IRIMPANAM,
KOCHI-682 309
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR,
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.86 OF 2020
AGAINST THE JUDGMENT IN WP(C) 29249/2019(E) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
SHIRIL ABRAHAM KURUVILA
AGED 37 YEARS, S/O. P.A. KURUVILA,
PADUTHOTTU HOUSE, VENNIKULAM,
THIRUVALLA, PATHANAMTHITTA.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
SHRI.ARUN KRISHNA
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.
W.A.No.27/2020 & Conn. Cases
12
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
MINI CIVIL STATION,
PATHANAMTHITTA 689 645.
4 THE DISTRICT COLLECTOR,
PATHANAMTHITTA DISTRICT,
COLLECTORATE,
PATHANAMTHITTA 689 645.
5 BHARAT PETROLEUM CORPORATION.
REP BY ITS CHIEF REGIONAL MANAGER,
ERNAKULAM TERRITORY,
IRIMPANAM INSTALLATION,
IRIMPANAM, COCHIN 682 309.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR,
R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.87 OF 2020
AGAINST THE JUDGMENT IN WP(C) 33714/2019(L) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
HARIDAS V.P.
AGED 51 YEARS,S/O.PARAMESWARAN NAIR,
SREEPADMAM, MULLASSERI PARAMBIL,
KOORKAPARAMBU,THIRUVEGAPURAM,
NADUVATTOM P.O., PATTAMBI, PALAKKAD.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF
SECRETARY,KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT,
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS,KOWDIAR P.O.
THIRUVANANTHAPURAM-695 003.
W.A.No.27/2020 & Conn. Cases
14
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
MANJERI-676 121.
4 THE DISTRICT COLLECTOR,
MALAPPURAM DISTRICT,
COLLECOTRATE,
MALAPPURAM-676 505.
5 BHARAT PETROLEUM CORPORATION LTD.,
REPRESENTED BY ITS CHIEF REGIONAL
MANAGER,CALICUT TERRITORY OFFICE,
3RD FLOOR,CEEKEY TOWERS,VANDIPETTA,
KANNUR ROAD, NADAKKAVU WEST,
CALICUT-673 011.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR,
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.88 OF 2020
AGAINST THE JUDGMENT IN WP(C) 29043/2019(E) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
RADHAKRISHNA PILLAI
AGED 60 YEARS, S/O. GOPALA PILLAI,
SUMASREE, MADANTHACODE,
NELLIMUKKU, KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT,
REP.BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P O,
THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION, BEACH ROAD,
KOLLAM-691001.
W.A.No.27/2020 & Conn. Cases
16
4 THE DISTRICT COLLECTOR,
KOLLAM DISTRICT, COLLECTORATE,
KOLLAM-691 013.
5 INDIAN OIL CORPORATION LIMITED,
REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
TRIVANDRUM DIVISIONAL OFFICE,
GROUND FLOOR, PREMIER PARK,
INCHAKKAL BYE PASS ROAD,
VALLAKKADAVU P O,
THIRUVANANTHAPURAM-695008.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR,
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941
WA.No.89 OF 2020
AGAINST THE JUDGMENT IN WP(C) 28002/2019(A) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
ABY GEORGE
AGED 46 YEARS, S/O. T.V. GEORGE,
ABY BHAVAN, SOORNADU SOUTH,
PATHARAM, KOLLAM.
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, KOLLAM 691 008.
W.A.No.27/2020 & Conn. Cases
18
4 THE DISTRICT COLLECTOR,
KOLLAM DISTRICT COLLECTORATE,
KOLLAM 691 008.
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.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR,
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.92 OF 2020
AGAINST THE JUDGMENT IN WP(C) 32468/2019(G) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
BINDU LAKSHMANAN
AGED 46 YEARS, D/O.THANKARAJ,
23/2690, VATTATHRAPARAMBIL,
PALLURUTHY, ERNAKULAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
SHRI.ARUN KRISHNA
RESPONDENT/RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT,
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695 003.
W.A.No.27/2020 & Conn. Cases
20
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
THIRUVANANTHAPURAM-695 033.
4 THE DISTRICT COLLECTOR,
COLLECTORATE,
THIRUVANANTHAPURAM DISTRICT-695 035.
5 BHARAT PETROLEUM CORPORATION LTD.,
REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
ERNAKULAM RETAIL TERRITORY OFFICE,
IRIMPANAM INSTALLATION,
SEAPORT AIRPORT ROAD,
IRIMPANAM P.O., KOCHI-682 309.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
21
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.95 OF 2020
AGAINST THE JUDGMENT IN WP(C) 31258/2019(F) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
PRASANNA KUMARI
AGED 45 YEARS, W/O. CASTRO XAVIER,
SANTHOSH NIVAS, TWO ROAD JUNCTION,
EAST KALLADA, KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/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,
BEACH ROAD, KOLLAM 691 001.
W.A.No.27/2020 & Conn. Cases
22
4 THE DISTRICT COLLECTOR,
KOLLAM DISTRICT,
COLLECTORATE, KOLLAM 691 013.
5 BHARAT PETROLEUM CORPORATION LIMITED,
REP BY ITS CHIEF REGIONAL MANAGER,
ERNAKULAM TERRITORY,
IRIMPANAM INSTALLATION, IRIMPANAM,
KOCHI 682 309.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.122 OF 2020
AGAINST THE JUDGMENT IN WP(C) 33507/2019(K) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
NASEEF M.P
AGED 31 YEARS, S/O.KUNHALI,
MEETHALE PYNGOL, KALLACHI,
VANIMEL, VADAKKARA, KOZHIKODE.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/RESPONDENTS:
1 THE STATE OF KERALA,
REP.BY THE ADDL. CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT,
REP. BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION, KOZHIKODE-673002.
W.A.No.27/2020 & Conn. Cases
24
4 THE DISTRICT COLLECTOR,
KOZHIKODE DIST., COLLECTORATE,
KOZHIKODE-673020.
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.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
25
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.138 OF 2020
AGAINST THE JUDGMENT IN WP(C) 25937/2019(N) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANTS/PETITIONERS:
1 JUBY JACOB
AGED 35 YEARS, W/O.BIJOY ALEX,
RESIDING AT KOPPARA PARAMBIL HOUSE,
NEERETTUPURAM KARA,
NEERETTUPURAM.P.O.,
THALAVADY VILLAGE,
KUTTANADU TALUK,
ALAPPUZHA DISTRICT.
2 K.M.JACOB
AGED 70 YEARS, S/O.LATE MATHEW,
RESIDING AT KOPPARA PARAMBIL HOUSE,
NEERETTUPURAM KARA,
NEERETTUPURAM.P.O.,
THALAVADY VILLAGE,
KUTTANADU TALUK,
ALAPPUZHA DISTRICT.
BY ADVS.
SRI.P.HARIDAS
SRI.CHERIAN GEE VARGHESE
SRI.BIJU HARIHARAN
SRI.R.B.BALACHANDRAN
SRI.RENJI GEORGE CHERIAN
SRI.P.C.SHIJIN
W.A.No.27/2020 & Conn. Cases
26
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 DISTRICT COLLECTOR AND DISTRICT MAGISTRATE,
ALAPPUZHA, PIN-688001.
3 ADDITIONAL DISTRICT MAGISTRATE,
ALAPPUZHA, PIN-688001.
4 EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT ROADS DIVISION,
ALAPPUZHA, PIN-688001.
5 M/S.BHARAT PETROLEUM CORPORATION LIMITED,
REPRESENTED BY ITS TERRITORY MANAGER (RETAIL),
ERNAKULAM TERRITORY (RETAIL) OFFICE,
IRIMPANAM INSTALLATION,
IRIMPANAM, COCHIN, PIN-682309.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. MR. M GOPIKRISHNAN NAMBIAR (B/O)R-5
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
27
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.154 OF 2020
AGAINST THE JUDGMENT IN WP(C) 33968/2019(U) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/S:
SHERIN NOWSHAD
AGED 36 YEARS, W/O. NOUSHAD,
JAFFER ALI, K/NO.392,
VELLANTHARA, KOLLENGODE 1, PALAKKAD
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
SHRI.ARUN KRISHNA
RESPONDENT/S:
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
W.A.No.27/2020 & Conn. Cases
28
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
PALAKKAD-678 001
4 THE DISTRICT COLLECTOR,
PALAKKAD DIST.
COLLECTORATE, PALAKKAD-678 013
5 HINDUSTAN PETROLEUM CORPORATION LIMITED,
REP BY ITS CHIEF REGIONAL MANAGER,
KOZHIKODE RETAIL REGION,
ELATHUR, KOZHIKODE-673 303
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
29
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.155 OF 2020
AGAINST THE JUDGMENT IN WP(C) 32471/2019(H) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
ABDUL MAJEED
AGED 42 YEARS,
S/O. ISMAIL HAJI,
VADAKKE THODI HOUSE,
KADUNGALLUR, KONDOTTY,
MALAPPURAM
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
SHRI.ARUN KRISHNA
RESPONDENT/S:
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
W.A.No.27/2020 & Conn. Cases
30
3 THE EXECUTIVE ENGINEER,
PWD ROAD DIVISION, MALAPPURAM-676 505
4 THE DISTRICT COLLECTOR,
COLECTORATE, MALAPPURAM DIST-676 505
5 NAYARA ENGERY LIMITED
REP BY ITS CHIEF REGIONAL MANGER,
6B, 6TH FLOOR, NOEL FOCUS
SEAPORT-AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O.,
KOCHI-682 037
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
31
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.157 OF 2020
AGAINST THE JUDGMENT IN WP(C) 29052/2019(F) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
MUHAMMED ALI
AGED 31 YEARS, S/O. SOURYATH,
VENGASSERY, KALATHIL HOUSE,
CHEERAKUZHY, KIZHAKKANCHERY P O,
PALAKKAD.
BY ADV. SRI.R.SUNIL KUMAR
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REP.BY THE ADDL. CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT,
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR PO,
THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
PALAKKAD-678001.
W.A.No.27/2020 & Conn. Cases
32
4 THE DISTRICT COLLECTOR,
PALAKKAD DISTRICT,
COLLECTORATE, PALAKKAD-678013.
5 INDIA OIL CORPORATION LTD
REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
COCHIN DIVISIONAL OFFICE,
PANAMPILLY AVENUE,
PANAMPPILLY NAGAR P O, KOCHI-682036.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
33
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.159 OF 2020
AGAINST THE JUDGMENT IN WP(C) 33712/2019(L) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
MUHAMMED BASID P.K.,
AGED 26 YEARS
S/O.ABDURAHMAN P.K.,
POOLAKKAL KARATTUCHALI,
KUZHIMANNUR P.O., MALAPPURAM.
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.
W.A.No.27/2020 & Conn. Cases
34
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
KOZHIKODE - 673 002.
4 THE DISTRICT COLLECTOR,
KOZHIKODE DIST., COLLECTORATE,
KOZHIKODE - 673 020.
5 BHARAT PETROLEUM CORPORATION LTD.,
REP. BY ITS CHIEF REGIONAL MANAGER,
3RD FLOOR, CEEKEY TOWERS, VANDIPETTA,
KANNUR ROAD, NADAKKAVU WEST,
CALICUT - 673 011.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
35
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.170 OF 2020
AGAINST THE JUDGMENT IN WP(C) 26157/2019(T) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
SIJU MON P.M
AGED 45 YEARS, S/O MADHAVAN,
PAZHAYIDATH
MULLAPUZHACHAL P.O.ENANALLOOR
MUVATTUPUZHA
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.
W.A.No.27/2020 & Conn. Cases
36
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION, KOTTAYAM-686 001.
4 THE DISTRICT COLLECTOR,
KOTTAYAM DIST, COLLECTORATE,
KOTTAYAM-686 001.
5 BHARAT PETROLEUM CORPORATION LTD,
REP BY ITS CHIEF REGIONAL MANAGER,
ERNAKULAM RETAIL TERRITORY OFFICE IRIMPANAM
INSTALLATION, SEAPORT AIRPORT ROAD,
IRIMPANAM P.O.KOCHI-682 309.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
37
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.172 OF 2020
AGAINST THE JUDGMENT IN WP(C) 33937/2019(N)OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
JOBEL BABU,
AGED 26 YEARS
PONMANKAL HOUSE,
THELLAKOM P.O., KOTTAYAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
SHRI.ARUN KRISHNA
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, KOTTAYAM - 686 001.
W.A.No.27/2020 & Conn. Cases
38
4 THE DISTRICT COLLECTOR,
KOTTAYAM DIST., COLLECTORATE,
KOTTAYAM - 686 001.
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 - 695 008.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
39
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.173 OF 2020
AGAINST THE JUDGMENT IN WP(C) 26114/2019(L) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
SHIBU S.S.,
AGED 43 YEARS
S/O. R. SURENDRAN,
SREEVATSAM, KATIHAKUZHY,
KUMMALLOOR P O, KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
SHRI.ARUN KRISHNA
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE ADDL.CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT,
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P O,
THIRUVANANTHAPURAM-695003.
W.A.No.27/2020 & Conn. Cases
40
3 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION,
BEACH ROAD, KOLLAM-691001.
4 THE DISTRICT COLLECTOR,
KOLLAM DISTRICT,
COLLECTORATE, KOLLAM-691013.
5 INDIAN OIL CORPORATION LIMITED,
REP.BY ITS DEPUTY GENERAL MANAGER,
GROUND FLOOR, PREMIER PARK,
INCHAKKAL BYE PASS ROAD,
VALLAKKADAVU P O,
THIRUVANANTHAPURAM-695008.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
41
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.183 OF 2020
AGAINST THE JUDGMENT IN WP(C) 28853/2019(F) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
DELVIN BENNY
AGED 24 YEARS, S/O. BENNY MATHEW,
OODUVELIL HOUSE, MANJAPRA P.O.,
VADAKKENCHERY, PALAKKAD.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY TEH ADDL. CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695 003.
3 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION, PALAKKAD-678 001.
W.A.No.27/2020 & Conn. Cases
42
4 THE DISTRICT COLLECTOR
PALAKKAD DISTRICT,
COLLECTORATE, PALAKKAD-678 013.
5 INDIAN OIL CORPORATIONLTD.
REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
COCHIN DIVISIONAL OFFICE,
PANAMPILLY AVENUE,
PANAMPPILLY NAGAR P.O.,
KOCHI-682036.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. ADV. M.GOPIKRISHNAN NMBIAR (B/O)
R5 BY ADV. SRI.K.JOHN MATHAI
R5 BY ADV. SRI.JOSON MANAVALAN
R5 BY ADV. SRI.KURYAN THOMAS
R5 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
43
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.256 OF 2020
AGAINST THE JUDGMENT IN WP(C) 25180/2019(V) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
VRINDA VIJAYAN
AGED 31 YEARS
D/O. VIJAYAN ARAM VALLEY,
6/217 DIWADKAR BUILDING,
SIR BHALCHANDRA ROAD,
BEHIND RUIA COLLEGE,
NEXT TO COLONY,
NURSING HOME,
MATUNGA, MUMBAI 400 019
BY ADV. SRI.JOHNSON GOMEZ
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT MAGISTRATE,
OFFICE OF THE DISTRICT MAGISTRATE,
COLLECTORATE RD, THAVAKKARA,
KANNUR, KERALA 670 002
2 THE ADDITIONAL DISTRICT MAGISTRATE KANNUR,
OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE RD, THAVAKKARA,
KANNUR, KERALA 670 002
W.A.No.27/2020 & Conn. Cases
44
3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES)
PUBLIC OFFICE BUILDING,
LMS, VELLALYAMBALAM ROAD, PALAYAM,
THIRUVANANTHAPURAM, KERALA 695 033
4 INDIAN OIL CORPORATION LIMITED,
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR, G-9, ALI YAVAR JUNG MARG,
BANDRA (EAST), MUMBAI 400 051
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R4 BY ADV. SRI.K.JOHN MATHAI
R4 BY ADV. SRI.KURYAN THOMAS
R4 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
45
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.266 OF 2020
AGAINST THE JUDGMENT IN WP(C) 25992/2019(Y) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
BEENA P.N.
AGED 55 YEARS W/O. LATE K.RAVIKUMR,
VADAKKEKEERUVELIYIL,
SANATHANAPURAM P.O.,
KALARCODE, ALAPPUZHA-688 003
BY ADVS.
SRI.JOHNSON GOMEZ
SRI.S.BIJU (KIZHAKKANELA)
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOTTAYAM, KERALA STATE-686 002
2 THE TERRITORY MANAGER (RETAIL),
BHARAT PETROLEUM CORPORATION LIMITED,
ERNAKULAM RETAIL TERRITORY OFFICE,
IRIMPANAM P.O., ERNAKULAM-682 039
3 EXECUTIVE ENGINEER,
PWD ROAD DIVISION,
KOTTAYAM-686 001
W.A.No.27/2020 & Conn. Cases
46
4 CHIEF ENGINEER,
PWD ROAD DIVISION,
THIRUVANANTHAPURAM-695 033
R1,3 &4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R2 BY ADV. SRI.K.JOHN MATHAI
R2 BY ADV. SRI.KURYAN THOMAS
R2 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
47
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.296 OF 2020
AGAINST THE JUDGMENT IN WP(C) 25403/2019(A) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
SUNEESH A.K.
AGED 38 YEARS
S/O.PADMANABHAN PULUKOOL,
PADMALAYAM,
KANHIRANGAD P.O.,
TALIPARAMBA TALUK,
KANNUR DIST.-670142.
BY ADVS.
SRI.JOHNSON GOMEZ
SRI.S.BIJU (KIZHAKKANELA)
RESPONDENT/RESPONODENTS:
1 THE DISTRICT MAGISTRATE
OFFICE OF THE DISTRICT MAGISTRATE,
COLLECTORATE RD., THAVAKKARA,
KANNUR, KERALA-670002.
2 THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR,
OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE RD., THAVAKKARA, KANNUR,
KERALA-670002.
W.A.No.27/2020 & Conn. Cases
48
3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES),
PUBLIC OFFICE BUILDING, LMS,
VELLALYAMBALAM ROAD, PALAYAM,
THIRUVANANTHAPURAM, KERALA-695033.
4 INDIAN OIL CORPORATION LIMITED,
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR, G-9, ALI YAVAR JUNG MARG,
BANDRA (EAST), MUMBAI-400051.
R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR
R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R4 BY ADV. SRI.K.JOHN MATHAI
R4 BY ADV. SRI.JOSON MANAVALAN
R4 BY ADV. SRI.KURYAN THOMAS
R4 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
49
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA,
1941
WA.No.326 OF 2020
AGAINST THE JUDGMENT IN WP(C) 23644/2019(E) OF HIGH COURT
OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:
BINU P G
AGED 42 YEARS, S/O.LATE P R GOPINATH,
T.C.8/1119-3, PLANKUDY, MITHRI NAGAR,
VALIYAVILA, THIRUMALA,
THIRUVANANTHAPURAM-695006
BY ADVS.
SRI.S.BIJU (KIZHAKKANELA)
SRI.JOHNSON GOMEZ
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT MAGISTRATE
OFFICE OF THE DISTRICT MAGISTRATE,
COLLECTORATE, KOTTAYAM-686001
2 THE ADDITIONAL DISTRICT MAGISTRATE KOTTAYAM
OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE, KOTTAYAM-686001
W.A.No.27/2020 & Conn. Cases
50
3 THE CHIEF ENGINEER PWD(ROADS AND BRIDGES)
PUBLIC OFFICE BUILDING, LMS, VELLAYAMBALAM
ROAD, PALAYAM, THIRUVANANTHAPURAM,
KERALA-695033
4 INDIAN OIL CORPORATION LIMITED
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR, G-9, ALI YAVAR JUNG MARG,
BANDRA(EAST), MUMBAI-400051
R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR
R4 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R4 BY ADV. SRI.K.JOHN MATHAI
R4 BY ADV. SRI.JOSON MANAVALAN
R4 BY ADV. SRI.KURYAN THOMAS
R4 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
51
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WA.No.327 OF 2020
AGAINST THE JUDGMENT IN WP(C) 29005/2019(A) OF HIGH COURT
OF KERALA
APPELLANT/PETITINER:
MOHAN.G
AGED 55 YEARS
S/O.K.N.GOPALAN, MANIKYAM,
SASTHA NAGAR, SRA 188,
PANGODE, THIRUMALA P.O.,
THIRUVANANTHAPURAM.
BY ADV. SRI.SANJAY JOHNSON
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE ADDITIONAL CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT,
REP. BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER
PWD (ROADS AND BRIDGES),
BEACH ROAD, KOLLAM-691001.
W.A.No.27/2020 & Conn. Cases
52
4 THE DISTRICT COLLECTOR,
KOLLAM DISTRICT, COLLECTORATE,
KOLLAM-691013.
5 HINDUSTAN PETROLEUM CORPORATION LTD.,
REP. BY ITS CHIEF REGIONAL MANAGER, COCHIN
RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O.,
P.B.NO.1601, COCHIN-682018.
R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ
KUMAR
R4 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R4 BY ADV. SRI.K.JOHN MATHAI
R4 BY ADV. SRI.JOSON MANAVALAN
R4 BY ADV. SRI.KURYAN THOMAS
R4 BY ADV. SRI.PAULOSE C. ABRAHAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.27/2020 & Conn. Cases
53
JUDGMENT
[WA.27/2020, WA.49/2020, WA.58/2020, WA.69/2020, WA.70/2020, WA.86/2020, WA.87/2020, WA.88/2020, WA.89/2020, WA.92/2020, WA.95/2020, WA.122/2020, WA.138/2020, WA.154/2020,WA.155/2020,WA.157/2020, WA.159/2020, WA.170/2020,WA.172/2020,WA.173/2020, WA.183/2020, WA.256/2020,WA.266/2020,WA.296/2020, WA.326/2020, WA.327/2020,
-----------------------------------------------
Dated this the 5th day of March, 2020 S. Manikumar, CJ All these appeals arise out of dismissal of writ petitions filed seeking No Objection Certificates for starting petroleum retail outlets.
Common judgment has been passed mainly placing reliance on IRC guidelines for access, location and layout of roadside fuel stations and service stations prescribed by Indian Roads Congress (IRC).
2. Facts in brief are as follows:
For obtaining licence for establishing petroleum retail outlets, No Objection Certificate of the District Authority under Rule 144 of the Petroleum Rules, 2002, framed under the Petroleum Act, 1934 is a mandatory prerequisite. The issue involved is whether NOC for establishing petroleum outlets could be denied on the ground that the W.A.No.27/2020 & Conn. Cases 54 proposed site for the retail outlet is not conforming to the Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations prescribed by Indian Roads Congress and the Norms for access for Fuel Stations, Service Stations and Rest Areas along National Highways prescribed by the Ministry of Road Transport and Highways (MORTH Norms). Writ court found that these batch of cases comprise of different categories. One category of cases deals with petitions, in which dealers selected by the oil marketing companies are seeking orders directing the District Authorities under the Rules to consider the applications preferred for No Objection Certificates in respect of their outlets without insisting compliance of IRC Guidelines and MORTH Norms. The next category of cases are similar to the first category, in which the petitioners could secure interim orders from the writ court, directing consideration of the applications for No Objection Certificates, without insisting compliance of IRC Guidelines and MORTH Norms, subject to the outcome of the writ petitions. Rest of the cases in the batch are similar to the second category, in which the petitioners could secure No Objection Certificates provisionally on the strength of interim orders passed by this Court.
3. After considering the rival submissions and upon perusal of the materials on record, writ court dismissed the writ petitions subject to the observations made in paragraph 21 of the judgment. In paragraph 21 of W.A.No.27/2020 & Conn. Cases 55 the judgment, writ court observed thus:
"21. Coming to the applicability of MORTH Norms, as noted, the case of the State is not consistent. In one counter affidavit, the stand taken is that it applies only to the fuel stations along the National Highways and in the other, the stand taken is that it applies to all roads in the State. When a specific question was put in this regard, the learned Government Pleader was unable to give a satisfactory answer as regards the said inconsistency. The learned Government Pleader was also unable to give a satisfactory answer as regards the doubt expressed by the court as to the applicability of the guidelines issued by the Ministry of Road Transport and Highways, Government of India for the roads in the State other than National Highways, over which the said Ministry has no control. The learned Government Pleader was also unable to explain why the MORTH Norms were not made part of the PWD Manual while the IRC Guidelines have been incorporated into the PWD Manual. Ext.P4 communication in W.P.(C) No.29807 of 2016, issued by the Ministry of Road Transport and Highways, Government of India indicates beyond doubt that MORTH Norms are intended to be applied only for establishment of fuel stations, private properties, rest area complexes and such other facilities along the National Highways. In the absence of any other materials, I am inclined to hold that MORTH Norms were not intended to apply to fuel stations along roads other than National Highways. If that be so, rejection of applications for No-objection certificates in respect of petroleum outlets other than those proposed to be established along the National Highways based on the said guidelines which are not intended to be applied for the same, would be arbitrary."
W.A.No.27/2020 & Conn. Cases 56
4. Being aggrieved, instant writ appeals are filed inter alia on the following grounds:
i) The Indian Road Congress is only a society registered under the Societies Registration Act and has no statutory backing. It is the apex body of road sector engineers and professionals in the country. The recommendations made by the same have no statutory value nor is binding upon a statutory authority.
Moreover, as per Annexure A1, the guidelines of IRC has been withdrawn. Hence adoption of the same by the State Government in the PWD Manual and restricting the appellants from starting the petroleum outlet on the basis of the IRC is without any statutory basis.
ii) The norms issued by IRC are only a guide line for access, location and layout of roadside fuel stations and service stations published by the Indian Road Congress in 2012. From the face of IRC norms itself it can be seen that the same is only recommendatory nature and has no statutory value. Hence any reliance on the same for disposal of application of NOC is illegal and application for NOC need to be considered without adhering to the above norms.
iii) The dictum laid down in Mary Ulahannan v. Union of India reported in 2011(2) KHC 792 was upheld by the Apex Court in Civil Appeal No.2784-2792/2013 by order dated 2.4.2013. Subsequently, a Division Bench of this Court in Sheena Prakash v. Union of India and Others reported in 2013 KHC 3365 upheld the dictum in Mary Ulahannan's case. The learned Single Judge W.A.No.27/2020 & Conn. Cases 57 did not consider the above decisions.
iv) It is to be noted that as per Rule 144 of Petroleum Rules, a No Objection Certificate from PWD is not a must. Hence the 4th respondent is not supposed to obtain a NOC from the 2nd and 3rd respondent.
v) The learned Single Judge relied upon Indian Oil Corporation v. Aarti Devi Dangi and Another (SLO. No.31525/2014) in holding that IRC guidelines are the norms framed in the interest of public safety. But the Single Judge failed to appreciate the fact that the above decision was rendered in a totally different circumstance wherein IRC norms were made applicable to the applicants even at the time of tender notifications.
vi) In Mukesh Yadav v. State of U.P reported in 2018 (3) ADJ 611, the Allahabad High Court held that IRC Guidelines shall not be a basis for Rule 144. The learned Single Judge set aside the said decision on the contention that the same was not decided on the basis of public safety. The Single Judge ought to have seen that the Central Government in its legislative wisdom has not found it necessary to impose any restriction or condition in the grant of retail outlets and also no restrictions can be imposed in the nature of guidelines issued by State or its authorities.
5. During the course of hearing of the above appeals, learned counsel for the appellants submitted that IRC guidelines, relied on by the State Government for grant of No Objection Certificate, have been W.A.No.27/2020 & Conn. Cases 58 withdrawn by the Central Government by Notification No.28. Taking note of the withdrawal of IRC guidelines, on 23.1.2020, in W.A. No.86 of 2020 and connected cases, we passed the following order :
"W.A. Nos. 86, 87, 88, 89, 92, & 95 of 2020 Admit. Mr. N. Manoj Kumar, learned Special Government Pleader, takes notice for respondents 1 to 4. Sri. P. Gopinatha Menon, learned Senior Counsel, takes notice for the 5th respondent.
W.P.(C) No. 18093 of 2019 & W.A. Nos. 27, 49, 58, 69, 70, 86, 87, 88, 89, 92, & 95 of 2020 W.P.(C) No. 18093 of 2019 is filed by Kerala State SC/ST Petroleum Dealers Association seeking a direction to respondents 1, 2 and 4 to desist from permitting erection of a petroleum retail outlet in a forbidden and impermissible land belonging to the 3rd respondent in Sy. No. 23/1-1 of Kidangoor Village in Kottayam District on the State Highway 32 in Kidangoor-Koodalloor road, violating the Exts.P1 and P2 norms evolved by the Government of India and Ext.P3 judgment of the Hon'ble Supreme Court.
Pending disposal of W.P.(C) No. 18093 of 2019, the petitioner seeks for an interim direction to the second respondent not to grant NOC to the first respondent to establish a petroleum outlet in a forbidden and impermissible land belonging to the third respondent in Sy. No. 23/1-1 of Kidangoor Village in Kottayam District on the State Highway 32 in Kidangoor-Koodalloor road.
Instant writ appeals are filed challenging the judgment of the writ court which considered the inclusion of IRC guidelines and MORTH norms in the matter of considering the request for grant of 'No Objection Certificate' (NOC) as per W.A.No.27/2020 & Conn. Cases 59 Rule 144 of the Petroleum Rules, 2002 and dismissed the writ petitions subject to the observations made in paragraph 21 of the judgment, which reads thus:
"21. Coming to the applicability of MORTH Norms, as noted, the case of the State is not consistent. In one counter affidavit, the stand taken is that it applies only to the fuel stations along the National Highways and in the other, the stand taken is that it applies to all roads in the State. When a specific question was put in this regard, the learned Government Pleader was unable to give a satisfactory answer as regards the said inconsistency. The learned Government Pleader was also unable to give a satisfactory answer as regards the doubt expressed by the court as to the applicability of the guidelines issued by the Ministry of Road Transport and Highways, Government of India for the roads in the State other than National Highways, over which the said Ministry has no control. The learned Government Pleader was also unable to explain why the MORTH Norms were not made part of the PWD Manual while the IRC Guidelines have been incorporated into the PWD Manual. Ext.P4 communication in W.P.(C) No.29807 of 2016, issued by the Ministry of Road Transport and Highways, Government of India indicates beyond doubt that MORTH Norms are intended to be applied only for establishment of fuel stations, private properties, rest area complexes and such other facilities along the National Highways. In the absence of any other materials, I am inclined to hold that MORTH Norms were not intended to apply to fuel stations along roads other than National Highways. If that be so, rejection of applications for No-objection certificates in respect of petroleum outlets other than those proposed to be established along the National Highways based on the said guidelines which are not intended to be applied for the same, would be arbitrary."
Today, when the matter came up for hearing, inviting the attention of this Court to the decision of Indian Roads Congress in IRC: 12-2009 in the Notification No. 28, Mr. Sri. P. Gopinatha Menon, learned Senior counsel appearing for the Bharath Petroleum Corporation Limited, and Mr. R. Sunil Kumar, learned counsel appearing for the appellants submitted that when the guidelines issued by W.A.No.27/2020 & Conn. Cases 60 the IRC have been withdrawn, NOCs already granted should be allowed to operate.
Learned counsel appearing for the appellants submitted that the rivals claimants have filed writ petitions seeking stay of NOCs already granted. Learned Senior Government Pleader submitted that such rival claimants have no locus standi to challenge the NOC.
Be that as it may, the guidelines are withdrawn by Notification No.28, relevant portion of which reads thus:
"Notification No.28 Subject : Withdrawal of IRC:12-2016 "Unified Guidelines for Access Permission to Fuel Stations, Private properties, Rest Area Complexes and Such Other Facilities Along National Highways (Fourth Revision)" effective from 1st December, 2019) The IRC : 12-2016 "Unified Guidelines for Access Permission to Fuel Stations, Private Properties, Rest Area Complexes and such Other Facilities Along National Higways (Fourth Revision)" stands withdrawn with immediate effect.' It is ordered that NOCs already granted by the competent authority should be given effect to.
In order to avoid multiplicity of proceedings and taking note of the decision in IRC: 12-2009 as per Notification No. 28 withdrawing the guidelines, we deem it fit to grant interim stay of the operation of the impugned judgment in the writ appeals and accordingly do so. Post on 27.01.2020."
Subsequently, the said order was made applicable to some other appeals also.
6. Inasmuch as IRC guidelines have been issued by an association/society registered under the Societies Registration Act, we W.A.No.27/2020 & Conn. Cases 61 directed the State Government to respond to the grounds made in the writ appeals. Reverting, Mr. N. Manoj Kumar, learned Special Government Pleader submitted that Government have issued GO.(MS) No.16/2020/PWD dated 10.2.2020, and framed guidelines for ensuring safety of roads and traffic and Norms and specifications have also been framed. For brevity, G.O. (M.S) No.16/2020/PWD dated 10.2.2020 is extracted :
"GOVERNMENT OF KERALA Abstract Public Works Department-ensuring safety of Roads and traffic Guidelines-orders issued.
-----------------------------------------------------------------------------------------
PUBLIC WORKS (H) DEPARTMENT G.O.(M.S)No.16/2020/PWD Dated,Thiruvananthapuram, 10.2.2020
----------------------------------------------------------------------------------------- Read 1. G.O. (M.S) No.46/2019/PWD dated 22.10.2020
2. Letter No.CE/Roads/PLG/16382 dated 06.02.2020 from Chief Engineer, PWD (Roads) ORDER As per the GO read as 1st paper above, sanction was accorded for including IRC 12-2016 in the PWD Manual (Revised 2012) as appendix along with the other codes mentioned in the Manual. The IRC 12-2016 "Unified Guidelines for access permission to fuel station" has been withdrawn as per the notification No.28, effective from 1st December, 2019 by the Government of India.
2. The Chief Engineer, PWD (Roads), as per the letter read as 2nd paper above has requested to issue necessary guidelines and specifications for ensuring the safety of the roads and traffic W.A.No.27/2020 & Conn. Cases 62 and stipulated norms for the same purpose on roads of PWD.
3. Government has examined the matter in detail and are pleased to approve the stipulated norms and specifications appended herewith for ensuring the safety of roads and traffic in Kerala.
4. The G.O. Read as 1st paper above stands cancelled.
5. Necessary amendments will be made in the PWD Manual accordingly.
(By order of the Governor) ANAND SINGH SECRETARY"
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 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 W.A.No.27/2020 & Conn. Cases 63 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.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.
W.A.No.27/2020 & Conn. Cases 64 APPENDIX OF WA 138/2020 PETITIONER'S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE DOCUMENT CONTAINING THE NOTIFICATION NO.8 WITHDRAWING THE IRC.12-2016 DATED 13.11.2019.
ANNEXURE 2 TRUE COPY OF THE OFFICE MEMORANDUM NO.B-13011/1/2019-20/AQM DATED 7.1.2020 OF CENTRAL POLLUTION CONTROL BOARD.
W.A.No.27/2020 & Conn. Cases 65 APPENDIX OF WA 256/2020 PETITIONER'S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE INTERIM ORDER DATED 23/09/2019 IN WP(C) NO. 25180/2019 ANNEXURE A2 A TRUE COPY OF THE NOC DATED 07/11/2019 ISSUED BY THE 1ST RESPONDENT.
W.A.No.27/2020 & Conn. Cases 66 APPENDIX OF WA 296/2020 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE INTERIM ORDER DATED 24.09.2019 IN WP(C) NO.25403/2019.
ANNEXURE A2 A TRUE COPY OF THE NOC DATED
06.11.2019 ISSUED BY THE 1ST
RESPONDENT.
W.A.No.27/2020 & Conn. Cases
67
APPENDIX OF WA 326/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE INTERIM ORDER DATED
04.09.2019 IN WP(C)NO.23644/2019
W.A.No.27/2020 & Conn. Cases
68
APPENDIX OF WP(C) 18093/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GUIDELINES ISSUED FOR
ACCESS, LOCATION AND LAYOUT OF
ROADSIDE FUEL STATION AND SERVICE
STATIONS WITH RELEVANT DETAILS.
EXHIBIT P2 TRUE COPY OF NORMS FOR ACCESS
PERMISSION TO FUEL STATIONS ISSUED BY
THE MINISTRY OF ROAD TRANSPORT &
HIGHWAYS ON 24/07/2013 WITH RELEVANT
DETAILS.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
14/10/2015 IN SLP (C) ON THE FILES OF
THE SUPREME COURT OF INDIA.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
30/03/2019 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT, ALONG WITH
ITS ENGLISH TRANSLATION.