Kerala High Court

Basheer M vs State Of Kerala on 11 August, 2021

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        WP(C) NO. 21738 OF 2020
PETITIONER/S:

     1     BASHEER M.,
           AGED 68 YEARS
           KATITHAKONAM, KATTAKKADA,
           THIRUVANANTHAPURAM - 695572.

     2     PRADEEP K
           PANAVILAKATHU PUTHENVEEDU,
           MUNDELA P O, ARUVIKKARA,
           NEDUMANGADU, TRIVANDRUM - 695543.

           BY ADVS.
           GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
           SRI.A.R.DILEEP
           SRI.P.J.JOE PAUL
           SRI.MANU SRINATH
           SRI.RAJAN G. GEORGE



RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY SECRETARY TO THE GOVERNMENT IN THE PUBLIC
           WORKS DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM - 695001.

     2     SECRETARY TO THE GOVERNMENT,
           PUBLIC WORKS DEPARTMENT,
           GOVERNMENT OF KERALA, SECRETARIAT,
           THIRUVANANTHAPURAM - 695001.
     3     DISTRICT COLLECTOR
           COLLECTORATE,
           THIRUVANANTHAPURAM , PIN - 695043.

     4     ADDITIONAL DISTRICT MAGISTRATE,
           COLLECTORATE,
           THIRUVANANTHAPURAM - 695043.
 WP(C) NO. 21738 OF 2020
                                  2



     5     CHIEF ENGINEER
           OFFICE OF THE CHIEF ENGINEER,
           PWD ROADS AND BRIDGES AND ADMINISTRATION,
           PUBLIC OFFICE, MUSEUM P O,
           THIRUVANANTHAPURAM - 695033.

     6     EXECUTIVE ENGINEER
           OFFICE OF THE EXECUTIVE ENGINEER,
           PUBLIC WORKS DEPARTMENT, PMG JUNCTION,
           THIRUVANANTHAPURAM - 695033.

     7     ASSISTANT EXECUTIVE ENGINEER
           OFFICE OF THE ASST.EXECUTIVE ENGINEER,
           PUBLIC WORKS DEPARTMENT, NEDUMANGAD,
           THIRUVANANTHAPURAM - 695541,

     8     HINDUSTAN PETROLEUM CORPORATION LIMITED
           HAVING ITS REGISTERED OFFICE AT 17,
           JAMSHEDJI TATA ROAD, MUMBAI,
           MAHARASHTRA - 400020 AND
           ITS REGIONAL OFFICE AT 17,
           P.B.NO. 1601, ERNAKULAM NORTH P O,
           ERNAKULAM - 682018.

           BY ADVS.
           SRI.M.GOPIKRISHNAN NAMBIAR
           SRI.K.JOHN MATHAI
           SRI.JOSON MANAVALAN
           SRI.KURYAN THOMAS
           SRI.PAULOSE C. ABRAHAM
           SRI.RAJA KANNAN



           SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.08.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 21738 OF 2020
                                     3



                            JUDGMENT

This Writ Petition has been filed challenging

Exhibits P11, P15, P17, P19 and P21 which are all

proceedings issued by the officers of the Public Works

Department (PWD) finding that the petitioner is not entitled

to establish a fuel outlet, since there is violation of certain

conditions laid down in the government orders issued in this

regard. The authority under Rule 144 of the Petroleum

Rules, 2002 to grant a No Objection Certificate (NOC) is the

District Magistrate. The orders challenged in this Writ

Petition are all orders which are preceding the consideration

by the District Magistrate on the grant of NOC.

2. When the case was taken up today, the learned

counsel for the petitioner submitted that a batch of Writ

Petitions in which the same issue was agitated has been

disposed of by learned Single Judge by judgment dated

05.08.2021, whereby the Government Orders dated WP(C) NO. 21738 OF 2020

10.02.2020 and 16.10.2020 have already been set aside.

The Court has in its judgment declared that fixing a condition

to produce NOC from PWD while granting NOC, by the district

authorities is null and void. The Court has directed the

District Authorities concerned to reconsider the applications

submitted by the petitioners for NOC under Rule 144 of the

Petroleum Rules, 2002 without reference to the government

orders referred above and in accordance with the rules

prevailing as on the date of the applications, within a period

of two months.

3. In the light of the judgment of this Hon'ble

Court, this Writ Petition is disposed of directing the 3 rd

respondent to consider and pass orders on Exhibit P2 request

dated 31.03.2015 submitted before the 4 th respondent in

accordance with law and in terms of the directions contained

in the judgment of this Court in WP(C) No. 9881/2020. The

orders in Exhibits P11, P15, P17, P17, P19 and P21 issued by WP(C) NO. 21738 OF 2020

the PWD officers will cease to have effect, in view of the

judgment referred above. Necessary orders shall be passed

within two months from the date of receipt of copy of this

judgment.

Sd/-

T.R.RAVI JUDGE

avs WP(C) NO. 21738 OF 2020

APPENDIX OF WP(C) 21738/2020

PETITIONER EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE LETTER OF INTENT DATED 31.03.2015 ISSUED BY THE 8TH RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION NO.CRO/AVS/E&P DATED 31.03.2015 ISSUED BY THE 8TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION NO.

CS10-152615 DATED 04.09.2015 ISSUED BY THE DISTRICT SUPPLY OFFICER.

EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION NO.578/GL/2015-IOP KTDA DATED 10.09.2015 ISSUED BY THE INSPECTOR OF POLICE.

EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION NO. D1-

19667/2015/T DATED 21.03.2016 ISSUED BY THE DISTRICT POLICE CHIEF TO THE 4TH RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION NO. C2-

12043/2015/DMO DATED 13.10.2015 ISSUED BY THE DISTRICT MEDICAL OFFICER.

EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION NO. B-

4234/2015 DATED 19.02.2016 ISSUED BY THE DIVISIONAL OFFICER OF THE FIRE AND RESCUE SERVICES.

EXHIBIT P8 A TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD ON 24.02.2016.

WP(C) NO. 21738 OF 2020

EXHIBIT P9 A TRUE COPY OF COMMUNICATION NO. B5-

24999/15 DATED 30.05.2016 ISSUED BY THE TAHSILDAR, KATTAKKADA TALUK OFFICE.

EXHIBIT P10 A TRUE COPY OF COMMUNICATION NO.

DB2/1201/2015 DATED 16.02.2016 ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P11 A TRUE COPY OF COMMUNICATION NO.

CE/R&B/PLG/DB6/4493/2016 DATED 26.04.2016 SENT BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT P12 A TRUE COPY OF THE LETTER DATED 05.05.2016 SENT BY THE 1ST PETITIONER TO THE 6TH RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE COMMUNICATION NO. D2-

6456/15 DATED 06.05.2016 OF THE 6TH RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P14 A TRUE COPY OF COMMUNICATION NO.CE/R&B/P/DB6/4493/2016 DATED 18.05.2016 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P15 A TRUE COPY OF COMMUNICATION NO. PWD -

G3/14/2016-PWD DATED 01.06.2016 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P16 A TRUE COPY OF COMMUNICATION NO.

CE/R&B/PLG.DB6/4493/2016 DATED 20.08.2016 SENT BY THE 5TH RESPONDENT.

EXHIBIT P17 A TRUE COPY OF COMMUNICATION NO.PWD G3/14/2016/PWD DATED 07.09.2016.

EXHIBIT P18 A TRUE COPY OF THE REPRESENTATION DATED 26.07.2017 SUBMITTED BY THE 8TH WP(C) NO. 21738 OF 2020

RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P19 A TRUE COPY OF COMMUNICATION NO.PWD -

G3/14/2016/PWD DATED 24.11.2017.

EXHIBIT P20 A TRUE COPY OF REPRESENTATION DATED 30.07.2019 SUBMITTED BY THE 8TH RESPONDENT.

EXHIBIT P21 A TRUE COPY OF COMMUNICATION NO.D2-

6367/19 DATED 31.08.2019 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P22 A TRUE COPY OF THE RELEVANT PAGES OF THE IRC 12-2016 UNIFIED GUIDELINES FOR ACCESS PERMISSION TO FUEL STATIONS,PRIVATE PROPERTIES, REST AREA COMPLEXES AND SUCH OTHER FACILITIES ALONG NATIONAL HIGHWAYS.

EXHIBIT P23 A TRUE COPY OF GO(MS) NO.46/2019/PWD DATED 22.10.2019.

EXHIBIT P24 A TRUE COPY OF COMMUNICATION NO.

D2/6367/19 DATED 26.10.2019 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P25 A TRUE COPY OF THE REPRESENTATION DATED 10.08.2020 SUBMITTED BY THE 8TH RESPONDENT.

EXHIBIT P26 A TRUE COPY OF THE RELEVANT PAGES OF CIRCULAR NO. RW/NH-33023/19/99-DO-III DATED 25.09.2003.

EXHIBIT P27 A TRUE COPY OF CIRCULAR NO. RW/NH-

33023/19/99-DO-III DATED 24.07.2013. WP(C) NO. 21738 OF 2020

EXHIBIT P28 A TRUE COPY OF CIRCULAR NO. RW-NH-

33032/01/2017-S & R(R) DATED 26.06.2020.

EXHIBIT P29 A TRUE COPY OF GO(MS) NO. 16/2020/PWD DATED 10.02.2020.

EXHIBIT P30 A TRUE COPY OF GO(RT) NO.551/2020/PWD DATED 23.06.2020.

RESPONDENT EXHIBITS:-