Renju Mathew vs The District Collector on 10 September, 2021

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Kerala High Court

Renju Mathew vs The District Collector on 10 September, 2021

Bench: P.B.Suresh Kumar

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                  WP(C) NO. 16842 OF 2021
PETITIONER:

          RENJU MATHEW,
          AGED 36 YEARS
          W/O. ROBIN THOMAS KOCHETHU, KIZHAKKETATHU
          GEORDIE VILLA, PUTHUVAL, PATHANAPURAM-689695,
          NOW RESIDING AT FLAT #4, VILLA #602, MANASEER
          AREA, KHALDIYA, ABUDHABI, REPRESENTED BY HER
          POWER OF ATTORNEY HOLDER, GEORDIE K. MATHEW,
          S/O. GEORGE MATHEW, AGED 33, KIZHAKKETATHU
          GEORDIE VILLA, PUTHUVAL, PATHANAPURAM-689695.
          BY ADVS.
          MOHAMED SABAH
          LIBIN STANLEY
          SAIPOOJA
          SADIK ISMAYIL
          M.MAHIN HAMZA


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          PATHANAMTHITTA, DISTRICT COLLECTORATE,
          PATHANAMTHITTA, KERALA-689645.
    2     REVENUE DIVISIONAL OFFICER,
          ADOOR, REVENUE DIVISIONAL OFFICE, M.G. ROAD,
          PARASS LA, ADOOR, KERALA-691523.
    3     TAHSILDAR,
          ADOOR TALUK OFFICE, PARASS LA, ADOOR,
 W.P.(C) No.16842 of 2021       2



           KERALA-691523.
    4      THE INDIAN OIL CORPORATION LIMITED,
           TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR,
           PREMIER PARK, INCHAKKAL BYE PASS ROAD,
           VALLAKKADAVU P.O.,       TRIVANDRUM-695008,
           REPRESENTED BY ITS SENIOR DIVISIONAL RETAIL
           SALES MANAGER.
    5      SENIOR DIVISIONAL RETAIL SALES MANAGER,
           THE INDIAN OIL CORPORATION LTD, TRIVANDRUM
           DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK,
           INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O.,
           TRIVANDRUM-695008.
    6      ADDL.R6-THE ADDITIONAL DISTRICT MAGISTRATE,
           PATHANAMTHITTA
    7      ADDL.R7-THE ASSISTANT DIVISIONAL OFFICE,
           FIRE AND RESCUE SERVICES DEPARTMENT,
           PATHANAMTHITTA.
    8      ADDL.R8-THE ENVIRONMENTAL ENGINEER,
           STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
           PATHANAMTHITTA (ARE IMPLEADED SUO MOTU AS
           RESPONDENTS 6,7 AND 8 DATED 10.9.2021)
           BY ADVS.
           SMT.VINITHA B, GP
           SRI.M.G.K.NAMBIAR, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 10.09.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.16842 of 2021              3




                    W.P.(C) No.16842 of 2021
              -----------------------------------------------

                           JUDGMENT

The Additional District Magistrate, Pathanamthitta is impleaded suo motu as the sixth respondent in the writ petition. Similarly, the Assistant Divisional Officer, Fire and Rescue Services department, Pathanamthitta and the Environmental Engineer, State Pollution Control Board, District Office, Pathanamthitta are impleaded suo motu as respondents 7 and 8 in the writ petition.

2. The grievance of the petitioner in the writ petition concerns the delay on the part of the sixth respondent in disposing of the application for No Objection Certificate preferred by the fourth respondent in terms of the provisions of the Petroleum Rules so as to enable the petitioner to establish a petroleum outlet.

3. The learned Government Pleader, on W.P.(C) No.16842 of 2021 4 instructions, submitted that the delay in the disposal of the application referred to in the writ petition is due to the delay on the part of respondents 3, 7 and 8 in forwarding the No Objection Certificate sought from them by the sixth respondent.

Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing respondents 3, 7 and 8 to forward their remarks on the proposal of the petitioner to establish the petroleum outlet referred to in the writ petition within two weeks from the date of production of a copy of this judgment. Ordered accordingly.

Needless to say that within six weeks thereafter, the sixth respondent shall dispose of the application for No Objection Certificate. The petitioner shall produce certified copy of this judgment for compliance before respondents 3, 6, 7 and 8.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV W.P.(C) No.16842 of 2021 5 APPENDIX OF WP(C) 16842/2021 PETITIONER'S EXHIBITS Exhibit P1 THE POWER OF ATTORNEY DATED 27/12/2018 EXECUTED BY THE PETITIONER IN FAVOUR OF GEORDIE K. MATHEW.

Exhibit P2 TRUE COPY OF THE LETTER NO. INTENT BEARING REF.

NO.2012/IN000111/KER/000009/4202/00008 AND DATED 09/04/2012 ISSUED BY THE R5. Exhibit P3 THE TRUE COPY OF LETTER BEARING REF.

TDO R. PUTHUVAL AND DATED 15/06/2012 ISSUED BY THE R5 TO THE R1.

Exhibit P4 TRUE COPY OF THE INTIMATION BEARING NO.

B4-22604/3/12 AND DATED 07/07/2012 SENT BY THE R1 TO THE R2 RDO, EXECUTIVE ENGINEER, PWD DEPARTMENT (ROAD DIVISION), DISTRICT MEDICAL OFFICER (HEALTH), PATHANAMTHITTA, ASSISTANT DIVISION OFFICER, FIRE AND RESCUE, PATHANAMTHITTA, DISTRICT SUPPLY OFFICER, PATHANAMTHITTA AND ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, PATHANAMTHITTA. Exhibit P5 TRUE COPY OF THE NOC ISSUED, BY THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, KOTTAYAM DATED 13/03/2013 AND BEARING NO. C1-2134/12, TO THE R1. Exhibit P6 TRUE COPY OF THE NOC ISSUED BY THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, PATHANAMTHITTA DATED 23/03/2013 AND BEARING NO.

PCB/PTA/ICE/535/2013 TO M/S. KIZHAKKETTATHU FUELS.

W.P.(C) No.16842 of 2021 6

Exhibit P7 TRUE COPY OF THE NOC ISSUED BY THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROAD DIVISION DATED 04/05/2013 AND BEARING NO. D4-1819/2012 ISSUED TO THE R1.

Exhibit P8 TRUE COPY OF A COMMUNICATION DATED 16/01/2013 AND BEARING NO. 4632/2012/B2 ISSUED BY THE R2 TO R1.

Exhibit P9 TRUE COPY OF THE LETTER DATED 21/01/2013 AND BEARING NO. B4- 22604/3/12 ISSUED BY THE RESPONDENT NO. 1 TO R2.

Exhibit P10 TRUE COPY OF THE LETTER DATED 15/02/2013 AND BEARING NO. 4632/2012/B2 ISSUED BY THE R2 TO THE R1.

Exhibit P11 THE TRUE COPY OF THE COMMUNICATION BEARING NO. 269/2013 AND DATED 07/11/2013 ISSUED FROM VILLAGE OFFICER, ENNADIMANGALAM TO THE TALUK OFFICE, ADOOR.

Exhibit P12 TRUE COPY OF THE LETTER DATED 20/01/2014 AND BEARING NO. 15692/13 ISSUED BY THE RESPONDENT NO.3 TO RESPONDENT NO.2.

Exhibit P13 TRUE COPY OF THE LETTER DATED 31/01/2014 AND BEARING NO. 4632/12/B2 ISSUED BY R3 TO THE SAID R2.

Exhibit P14 TRUE COPY OF THE LETTER DATED 04/08/2014 AND BEARING NO. 236/2014 ISSUED FROM THE VILLAGE OFFICER, ENNADIMANGALAM TO TALUK OFFICE, ADOOR. Exhibit P15 TRUE COPY OF THE REPLY DATED 30/03/2015 AND BEARING NO. B5-363/2015 SENT BY THE RESPONDENT NO. 3 TO THE PETITIONER'S W.P.(C) No.16842 of 2021 7 MOTHER, AMMUKKUTTY MATHEW.

Exhibit P16 TRUE COPY OF THE RECEIPT DATED 22/02/2016 AND BEARING NO. 7908/3/16/C4 ISSUED FROM THE DISTRICT COLLECTORATE, PATHANAMTHITTA EVIDENCING THE RECEIPT OF APPLICATION FOR REGULARISATION DATED 22/02/2016.

Exhibit P17 TRUE COPY OF THE ORDER BEARING NO. B6- 1643/19(81) DATED 30/06/2021 PASSED BY THE R2.

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