Kerala High Court
Bindu Benny vs The State Of Kerala on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 11487 OF 2021
PETITIONER/S:
FASLU RAHMAN A P
AGED 29 YEARS
S/O. MUHAMMED ASHRAF, ANAPARAKKAL,
ELETTIL, KOZHIKODE.
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, KOZHIKODE-673002.
4 THE DISTRICT COLLECTOR,
KOZHIKODE DISTRICT, COLLECTORATE,
KOZHIKODE-673020.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
2
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.
BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL
BY ADVS.SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, ALONG WITH W.P.(C)NO.12977/2021,
W.P.(C)NO.13077/2021, W.P.(C)NO.15707/2021, W.P.
(C)NO.16435/2021, W.P.(C)NO.16596/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 12977 OF 2021
PETITIONER/S:
BINDU BENNY,
AGED 46 YEARS
W/O. BENNY, KELANGATHU PUTHUSSERY HOUSE,
SOUTH ADUVASSERY HOUSE,
ERNAKULAM.
BY ADVS.
SRI.R.SUNIL KUMAR
SRI.ARUN KRISHNA
SMT.A.SALINI LAL
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 DEPATMENT,
REP. BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P.O.,
THIRUVANANTHAPURAM 695 003.
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
ERNAKULAM 683 101.
4 THE ADDITIONAL DISTRICT MAGISTRATE,
OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION, KUNNAPURAM,
ERNAKULAM 682 030.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
4
5 INDIAN OIL CORPORATION LIMITED,
REP. BY ITS DEPUTY GENERAL MANAGER, GROUND
FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD,
VALLAKKADAVU P.O., THIRUVANANTHAPURAM 695 008.
BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL
BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, ALONG WITH W.P.(C)NO.11487/2021,
W.P.(C)NO.13077/2021, W.P.(C)NO.15707/2021, W.P.
(C)NO.16435/2021, W.P.(C)NO.16596/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 13077 OF 2021
PETITIONER/S:
ABDUL MAJEED V.K.,
AGED 55 YEARS
S/O.LATE ABDULLA,
VATTAKANDI HOUSE, VILLIAPPALLY,
VATAKARA, KOZHIKODE,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
MUHAMMED NAJIM, AGED 22 YEARS,
S/O.ABDUL MAJEED.V.K.,
VATTAKANDI HOUSE, VILLIAPPALLY,
VATAKARA, KOZHIKODE.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/S:
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.
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
KOZHIKODE-673 002.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
6
4 THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT,
COLLECTORATE, KOZHIKODE-673 020.
5 THE NAYARA ENERGY LTD.,
TERRITORY SALES MANAGER, 6B,
6TH FLOOR, NOEL FOCUS,
SEAPORT AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O.,
KOCHI-682 037.
BY SRI. K.DILIP, STANDING COUNSEL
BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, ALONG WITH W.P.(C)NO.11487/2021,
W.P.(C)NO.12977/2021, W.P.(C)NO.15707/2021, W.P.
(C)NO.16435/2021, W.P.(C)NO.16596/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 15707 OF 2021
PETITIONER/S:
ARUN AJAYGHOSH
AGED 25 YEARS
S/O.AJAYGHOSH,
VILANGATTIL HOUSE,
MATTOOR, KALADY P.O.,
ERNAKULAM.
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 - 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, ERNAKULAM - 683 101.
4 THE ADDITIONAL DISTRICT MAGISTRATE
OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION, KUNNAPURAM,
ERNAKULAM - 682 030.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
8
5 INDIAN OIL CORPORATION LIMITED
REP. BY ITS DEPUTY GENERAL MANAGER, GROUND
FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD,
VALLAKKADAVU P.O., THIRUVANANTHAPURAM - 695 008.
BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL
SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, ALONG WITH W.P.
(C)NO.11487/2021, W.P.(C)NO.12977/2021, W.P.
(C)NO.13077/2021, W.P.(C)NO.16435/2021, W.P.
(C)NO.16596/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 16435 OF 2021
PETITIONER/S:
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/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.
4 THE DISTRICT COLLECTOR,
KOLLAM DISTRICT,
COLLECTORATE,
KOLLAM-691013.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
10
5 BHARAT PETROLEUM CORPORATION LIMITED,
REP. BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM
TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM,
KOCHI-682309.
BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL
SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, ALONG WITH W.P.(C)NO.11487/2021,
W.P.(C)NO.12977/2021, W.P.(C)NO.13077/2021, W.P.
(C)NO.15707/2021, W.P.(C)NO.16596/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 16596 OF 2021
PETITIONER/S:
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/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL 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 BUILDING,S
KOWDIAR P.O., THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
PALAKKAD-678001.
4 THE DISTRICT COLLECTOR,
PALAKKAD DISTRICT,
COLLECTORATE,
PALAKKAD-678013.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
12
5 INDIAN OIL CORPORATION LIMITED,
REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE,
PANAMPPILLY NAGAR P.O., KOCHI-682036.
BY SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL
SMT.VINITHA B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, ALONG WITH W.P.
(C)NO.11487/2021, W.P.(C)NO.12977/2021, W.P.
(C)NO.13077/2021, W.P.(C)NO.15707/2021, W.P.
(C)NO.16435/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
13
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
------------------------------------------------------------------
JUDGMENT
The issues raised in these writ petitions are covered
in favour of the petitioners by the decision of this Court in W.P.
(C) No.9881 of 2020 and connected matters.
In the circumstances, the writ petitions are disposed
of in tune with the orders/directions in W.P.(C) No.9881 of 2020
and connected cases.
Sd/-
P.B.SURESH KUMAR, JUDGE
rkj
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
APPENDIX OF WP(C) 11487/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
9.3.19.
Exhibit P2 COPY OF THE APPLICATION FILED BY THE
5TH RESPONDENT FOR GETTING NOC TO THE
OUTLET AWARDED TO THE PETITIONER DATED
20.5.19.
Exhibit P3 COPY OF THE G.O.(MS) NO.46/2019/PWD
DATED 22.10.2019.
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF IRC-
12-2016 DATED NIL.
Exhibit P5 COPY OF THE G.O.(MS) NO.16/2020/PWD
DATED 10.2.20.
Exhibit P6 COPY OF THE JUDGMENT IN W.A.NO.27/2020
DATED 5.3.20.
Exhibit P7 COPY OF THE GOVERNMENT ORDER
NO.551/2020/PWD DATED 23.6.2020.
Exhibit P8 COPY OF THE GOVERNMENT ORDER
NO.555/2020/PWD DATED 24.6.2020.
Exhibit P9 COPY OF THE GOVERNMENT ORDER
NO.67/2020/PWD DATED 16.10.2020.
Exhibit P10 TRUE COPY OF THE LETTER
NO.PWDH1/429/2018 DATED 18.12.18.
Exhibit P11 COPY OF THE LETTER RECEIVED UNDER RIGHT
TO INFORMATION ACT.
Exhibit P12 COPY OF THE LETTER ISSUED BY THE
GOVERNMENT SECRETARY FOOD AND CIVIL
SUPPLIES DATED 9.11.20.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
APPENDIX OF WP(C) 12977/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
15/07/19.
Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE
DATED 10.7.20.
Exhibit P3 COPY OF THE G.O.(MS) NO. 16/2020/PWD
DATED 10/2/20.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
APPENDIX OF WP(C) 13077/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
30.03.2019.
Exhibit P2 COPY OF THE APPLICATION FILED BY THE
5TH RESPONDENT FOR GETTING NOC TO THE
OUT LET AWARDED TO THE PETITIONER DATED
03.04.2019.
Exhibit P3 COPY OF THE GO(MS) NO.46/2019/PWD DATED
22.10.2019.
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF IRC-
12 -2016 DATED NIL.
Exhibit P5 COPY OF THE GO(MS) NO.16/2020/PWD DATED
10.02.20.
Exhibit P6 COPY OF THE JUDGMENT IN WA NO.27/2020
DATED 05.03.20.
Exhibit P7 COPY OF THE GOVERNMENT ORDER
NO.551/2020/PWD DATED 23.06.2020.
Exhibit P8 COPY OF THE GOVERNMENT ORDER
NO.555/2020/PWD DATED 24.06.2020.
Exhibit P9 COPY OF THE GOVERNMENT ORDER
NO.67/2020/PWD DATED 16.10.2020.
Exhibit P10 TRUE COPY OF THE LETTER
NO.PWDH1/429/2018 DATED 18.12.18.
Exhibit P11 COPY OF THE LETTER RECEIVED UNDER RIGHT
TO INFORMATION ACT.
Exhibit P12 COPY OF THE LETTER ISSUED BY THE
GOVERNMENT SECRETARY FOOD AND CIVIL
SUPPLIES DATED 09.11.20.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
APPENDIX OF WP(C) 15707/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
27/02/19.
Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE
DATED 12/3/20.
Exhibit P3 COPY OF THE G.O.(MS) NO.16/2020/PWD
DATED 10/2/20.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
APPENDIX OF WP(C) 16435/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
7.3.2019.
Exhibit P2 COPY OF THE APPLICATION FILED BY THE
5TH RESPONDENT FOR GETTING NOC TO THE
OUT LET AWARDED TO THE PETITIONER DATED
15.6.2019.
Exhibit P3 COPY OF THE G.O.(M.S.) NO.46/2019/PWD
DATED 22.10.2019.
Exhibit P4 COPY OF THE G.O.(MS) NO.16/2020/PWD
DATED 10.2.20.
Exhibit P5 COPY OF THE RELEVANT PAGES OF G.O.(MS)
NO.67/2020/PWD DATED 16.10.2020.
W.P.(C)Nos.11487, 12977, 13077, 15707,
16435 and 16596 of 2021
APPENDIX OF WP(C) 16596/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
5.3.2019.
Exhibit P2 COPY OF THE APPLICATION FILED BY THE
5TH RESPONDENT FOR GETTING NOC TO THE
OUT LET AWARDED TO THE PETITIONER DATED
7.6.2019.
Exhibit P3 COPY OF THE G.O.(M.S.) NO.46/2019/PWD
DATED 22.10.2019.
Exhibit P4 COPY OF THE G.O.(MS) NO.16/2020/PWD
DATED 10.2.20.
Exhibit P5 COPY OF THE RELEVANT PAGES OF G.O.(MS)
NO.67/2020/PWD DATED 16.10.2020.
