Kerala High Court
Muhammad Ali vs Hindustan Petroleum Corporation Ltd on 12 April, 2024
WP(C) No.15536/2024 1/3 Order Date : 12-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
WP(C) NO. 15536 OF 2024
PETITIONER:
MUHAMMAD ALI,AGED 41 YEARS,S/O.MOSA HAJI,KOYILAMBATH HOUSE,JANAKIYA
MUKKE,MEPPAYYUR.P.O,KOZHIKODE,PIN-673524.
RESPONDENTS:
1. HINDUSTAN PETROLEUM CORPORATION LTD,REPRESENTED BY ITS REGIONAL
MANAGER,RETAIL REGIONAL OFFICE,3RD FLOOR SECURA EMPORA
WEST,KOZHIKODE,PIN-673303.
2. THE MUNICIPAL CORPORATION,KOZHIKODE,REPRESENTED BY ITS
SECRETARY,CALICUT BEACH,NEAR AKASHAVANI,KOZHIKODE,PIN-673032.
3. THE SECRETARY,THE MUNICIPAL CORPORATION KOZHIKODE,CALICUT BEACH,NEAR
AKASHAVANI,KOZHIKODE, PIN-673032.
4. SARVOTHAMAN,S/O.GOVINDAN,PATHANAPURATH
HOUSE,KARANJOOR,ELATHUR,KOZHIKODE,PIN-673303.
5. RASHID P.P,S/O.KUNHIABHULLA,PUTHENPURACKAL
HOUSE,MUTHUVANA,KOZHIKODE,PIN-673533.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Ext.P8 stop memo and allow the petitioner
to conduct the petrol pump on the basis of Exts.P4 to P5 licenses
/permissions, pending disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. K.J.MANU RAJ & K.VINAYA Advocates for the petitioner, the court
passed the following:
WP(C) No.15536/2024 2/3 Order Date : 12-04-2024
MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 15536 of 2024
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Dated this the 12th day of April, 2024
ORDER
Sri. M. Gopikrishnan Nambiar (M/s. Menon & Pai) appears for the 1st respondent. Sri. V. Krishna Menon, learned Standing Counsel, takes notice for respondents 2 and 3. Issue notice by speed post to respondents 4 and 5.
2. In view of Ext.P-5 Acknowledgement Certificate from the Department of Industries & Commerce, Government of Kerala, and that the petitioner has other licences, there will be an interim order as prayed for till 23.5.2024.
3. The respondents are directed to file their statement.
Post on 23.5.2024.
Sd/-
MOHAMMED NIAS C. P. , JUDGE MMG WP(C) No.15536/2024 3/3 Order Date : 12-04-2024 APPENDIX OF WP(C) 15536/2024 Exhibit P 1 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LAY AND NATURE OF THE PETROL PUMP Exhibit P 2 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER DATED 17.4.2023 Exhibit P 3 A TRUE COPY OF THE COMMUNICATION ISSUED BY HINDUSTAN PETROLEUM CORPORATION LTD DATED 30.5.2019 Exhibit P 4 A TRUE COPY OF THE EXPLOSIVES LICENCE ISSUED BY GOVERNMENT OF INDIA DATED 29.12.2022 Exhibit P 4 [a ] A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY FIRE AND RESCUE OFFICER DATED 11.3.2024 Exhibit P 4 [ b ] A TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY POLLUTION CONTROL BOARD DATED 26.3.2021 Exhibit P 4 [ c ] A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE DATED 23.12.2020 Exhibit P 5 TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE DATED 26.3.2024 Exhibit P 6 A TRUE COPY OF THE BILL ISSUED BY THE HINDUSTAN PETROLEUM CORPORATION LTD DATED 28.3.2024 Exhibit P 6 [ a ] A TRUE COPY OF THE BILL ISSUED BY THE HINDUSTAN PETROLEUM CORPORATION LTD DATED 2.4.2024 Exhibit P 7 A TRUE COPY OF THE CERTIFICATE OF VERIFICATION ISSUED BY ASSISTANT CONTROLLER OF LEGAL METROLOGY DATED 30.3.3024 Exhibit P 8 A TRUE COPY OF THE STOP MEMO ISSUED BY THE SECRETARY OF KOZHIKODE MUNICIPAL CORPORATION DATED 8.4.2024 Exhibit P 9 A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 25.6.2022 Exhibit P 10 A TRUE COPY OF THE JUDGMENT REPORTED AS BIJU V. INDIAN OIL CORPORATION LTD ( 2022 (5) KLT 898)