Kerala High Court
Padmanabhan K.P vs The State Of Kerala on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 5973 OF 2021
PETITIONER/S:
ISMAYIL P.E
AGED 52 YEARS
S/O IBRAHIM,
HIMA MANZIL, KANNAMANGALAM WEST
MALAPPURAM
BY ADVS.
R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/S:
1 THE STATE OF KERALA
RE 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,
MANJERI-676 121.
4 THE DISTRICT COLLECTOR,
MALAPPURAM DIST,
COLLECTORATE,
MALAPPURAM-676 505.
5 INDIAN OIL CORPORATION LIMITED,
REP BY ITS CHIEF REGIONAL MANAGER,
TRIVANDRUM DIVISIONAL OFFICE,
WP(C) NO. 5973 OF 2021 & Conn. Cases
2
GROUND FLOOR, PREMIER PARK,
INCHAKKAL BYE PASS ROAD,
VALLAKKADAVU P.O.
THIRUVANANTHAPURAM
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SMT. DEEPA NARAYANAN, SR.GP AND SMT. RASHMI. K. M,
GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).191/2021, 4154/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 191 OF 2021
PETITIONER/S:
PRAKASAN M.P
AGED 50 YEARS
S/O. KUNJIKELAPPAN,
SREEPARNAM, MELUR,
QUILANDY, KOZHIKODE.
BY ADVS.
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.
WP(C) NO. 5973 OF 2021 & Conn. Cases
4
4 THE DISTRICT COLLECTOR,
KOZHIKODE DISTRICT,
COLLECTORATE, KOZHIKODE 673 020.
5 INDIAN OIL CORPORATION LIMITED,
REPRESENTED BY ITS DIVISIONAL MANGER,
KOZHIKODE DIVISIONAL OFFICE,
IIND FLOOR, P.M.K. TOWERS CIVIL STATION POST,
WAYANAD ROAD, KOZHIKODE 673 020.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
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 WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 4154 OF 2021
PETITIONER/S:
SHEEJA KURIAKOSE
AGED 45 YEARS
D/O.KURIAKOSE,
PORIYATH HOUSE,
CHEMMALAMATTOM,
KANJIRAPPALLY,
KOTTAYAM.
BY ADVS.
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,
IDUKKI-685602.
WP(C) NO. 5973 OF 2021 & Conn. Cases
6
4 THE DISTRICT COLLECTOR,
IDUKKI DISTRICT,
COLLECTORATE,
IDUKKI-685601.
5 THE NAYARA ENERGY LTD.,
TERRITORY SALES MANAGER,
6B, 6TH FLOOR, NOEL FOCUS,
SEAPORT AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O.,
KOCHI-682037.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 5936 OF 2021
PETITIONER/S:
MATHEW NINAN
AGED 48 YEARS
S/O. NINAN,
CHIRATHILATTU CHALUKUNNU,
KOTTAYAM.
BY ADVS.
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,
KOTTAYAM-686 001.
WP(C) NO. 5973 OF 2021 & Conn. Cases
8
4 THE DISTRICT COLLECTOR
KOTTAYAM DISTRICT,
COLLECTORATE,
KOTTAYAM-686 001.
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.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
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 WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 6241 OF 2021
PETITIONER/S:
ARUNKUMAR.P
AGED 51 YEARS
S/O.P.SHANKARAN,
KAILASAM, VILLIKKAL,
KOTTAKUNNU, CHEVAYUR,
KOZHIKODE.
BY ADVS.
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-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.
WP(C) NO. 5973 OF 2021 & Conn. Cases
10
4 THE DISTRICT COLLECTOR,
KOZHIKODE DISTRICT,
COLLECTORATE,
KOZHIKODE-673020.
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.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 7538 OF 2021
PETITIONER/S:
SUDHEENDRAN S.,
AGED 42 YEARS
S/O.V.K.SUDHAKARAN,
ARCHANA, VAYALIKADA,
VATTIYOORKAVU, TRIVANDRUM.
BY ADVS.
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.
5 INDIAN OIL CORPORATION LIMITED,
REP. BY ITS DEPUTY GENERAL MANAGER,
GROUND FLOOR, PREMIER PARK,
INCHAKKAL BYE PASS ROAD,
VALLAKKADAVU P.O.,
THIRUVANANTHAPURAM-695008.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 7498 OF 2021
PETITIONER/S:
HARISMON CHELAKKADAN
AGED 36 YEARS
S/O. ALIKUTTY,
CHELAKKADAN HOUSE,
VADAKKUMMURI, URNGATTIRI,
AREEKODE, MALAPPURAM.
BY ADVS.
R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY 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,
MANJERI - 676 121.
WP(C) NO. 5973 OF 2021 & Conn. Cases
13
4 THE DISTRICT COLLECTOR
MALAPPURAM DIST.,
COLLECTORATE,
MALAPPURAM - 676 505.
5 INDIAN OIL CORPORATION LIMITED
REP. BY ITS DIVISIONAL MANAGER,
KOZHIKODE DIVISIONAL OFFICE,
IIND FLOOR, P. M. K. TOWERS
CIVIL STATION POST,
WAYANAD ROAD, KOZHIKODE - 673020.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 8157 OF 2021
PETITIONER/S:
KURUVILA THOMAS
AGED 33 YEARS
S/O. THOMAS P. THOMAS,
VELLOOKUNNEL PARAVANPARAMBIL,
NADAIKKAL P.O.,
TEEKOY, KOTTAYAM.
BY ADVS.
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, J
AGAD BUILDINGS, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION,
KOTTAYAM-686001.
WP(C) NO. 5973 OF 2021 & Conn. Cases
15
4 THE DISTRICT COLLECTOR,
KOTTAYAM DISTRICT,
COLLECTORATE,
KOTTAYAM-686001.
5 THE NAYARA ENERGY LIMITED,
TERRITORY SALES MANAGER, 6B,
6TH FLOOR, NOEL FOCUS,
SEAPORT AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O.,
KOCHI-682037.
BY ADV SRI.K.DILIP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 9096 OF 2021
PETITIONER/S:
SUNIL KUMAR.K,
AGED 39 YEARS
S/O KANNANKUTTI,
CHELAMKUNNU, GOTHAMBU ROAD,
NELLIKAPARAMBU, KODIYATHUR,
NELLIKAPARAMBA, KOZHIKODE.
BY ADVS.
R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY
THE ADDITIONAL CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT,
THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT
REPRESENTED BY THE PROJECT DIRECTOR,
KERALA STATE TRANSPORT PROJECT,
JAGAD BUILDINGS, KOWDIAR P.O,
THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER
KERALA STATE TRANSPORT PROJECT DIVISION,
PWD ROADS DIVISION,
KANNUR-670013.
WP(C) NO. 5973 OF 2021 & Conn. Cases
17
4 THE DISTRICT COLLECTOR
KANNUR DISTRICT,
COLLECTORATE,
KANNUR-670002.
5 MANGALORE REFINERY AND PETROCHEMICALS LTD
REPRESENTED BY ITS DIVISIONAL MANAGER,
KUTHETHOOR P.O,
VIA KATIPALLA,
MANGALORE-575030.
BY ADVS.
P.A.AUGUSTINE(AREEKATTEL)
RONY AUGUSTINE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
18
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 10593 OF 2021
PETITIONER/S:
PADMANABHAN K.P.
AGED 48 YEARS
S/O.KUNHIRAMAN KULINHIYIL,
PUTHALATH HOUSE, BLATHUR,
KALLIAD, KANNUR.
BY ADVS.
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.
3 THE EXECUTIVE ENGINEER
KERALA STATE TRANSPORT PROJECT DIVISION,
PWD ROADS DIVISION,
KANNUR - 670 013.
WP(C) NO. 5973 OF 2021 & Conn. Cases
19
4 THE DISTRICT COLLECTOR
KANNUR DIST.,
COLLECTORATE,
KANNUR - 670 002.
5 MANGALORE REFINERY AND PETROCHEMICALS LTD.
REP BY ITS DIVISIONAL MANAGER,
KUTHETHOOR P.O.,
VIA KATIPALLA,
MANGALORE - 575 030.
BY ADVS.
P.A.AUGUSTINE(AREEKATTEL)
RONY AUGUSTINE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
20
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 11709 OF 2020
PETITIONER/S:
GOVIND RAJU
AGED 29 YEARS
S/O. N. NEELAKANTA RAJU, GOPURAM HOUSE, MANACADU
P. O., THODUPUZHA - 685608.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.BRIJESH MOHAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT
SECRETARIAT, TRIVANDURM - 695 001.
2 KERALA PUBLIC WORKS DEPARTMENT
REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE
TRANSPORT PROJECT JAGAD BUILDINGS, KOWDIAR P. O.,
TRIVANDRUM - 695 003.
3 THE DISTRICT COLLECTOR
COLLECTRATE, CIVIL STATION, PAINAVU, IDUKKI -
685603.
4 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION, EXECUTIVE ENGINEERS OFFICE,
WP(C) NO. 5973 OF 2021 & Conn. Cases
21
IDUKKI - 685 603.
5 ASST. EXECUTIVE ENGINEER
OFFICE OF THE ASST. EXECUTIVE ENGINEER, PWD
(ROADS) SUB DIVISION, THODUPUZHA - 685 608.
6 INDIAN OIL CORPORATION LTD.
REP. BY ITS DEPUTY GENERAL MANAGER (RS), INDIAN
OIL CORPORATION LTD., COCHIN DIVISION OFFICE
PANAMPILLY AVENUE, PANAMPILLY NAGAR P. O., COCHIN
- 682 036.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
BY SMT. RASHMI. K.M. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 11971 OF 2020
PETITIONER/S:
MUHAMMED SAIDHALAVI
AGED 31 YEARS
S/O.AVARAN,
POOTHAMKOTTIL, KARALMANNA,
PALAKKAD DISTRICT-679506.
BY ADVS.
PIRAPPANCODE V.S.SUDHIR
SHRI. AKASH S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
PUBLIC WORKS DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE CHIEF ENGINEER (PWD ROADS),
PUBLIC WORKS DEPARTMENT,
THIRUVANANTHAPURAM-695033.
3 THE EXECUTIVE ENGINEER,
ROADS DIVISION,
PUBLIC WORKS DEPARTMENT,
CIVIL STATION, SULTHANPETTA,
PALAKKAD-678001.
WP(C) NO. 5973 OF 2021 & Conn. Cases
23
4 THE DISTRICT COLLECTOR,
PALAKKAD, COLLECTORATE,
KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD-678013.
5 NAYARA ENERGY LTD.,
6B, 6TH FLOOR, NOEL FOCUS,
SEAPORT-AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O.,
KOCHI-682037,
REPRESENTED BY THE DIVISIONAL MANAGER.
6 THE ADDITIONAL DISTRICT MAGISTRATE,
PALAKKAD, KENATHUPARAMBU,
KUNATHURMEDU,
PALAKKAD DISTRICT-678013.
BY ADV GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 11930 OF 2021
PETITIONER/S:
MUHAMMED SHAREEF
AGED 51 YEARS
S/O KUNHIMOIDEEN,
VILANGALIL HOUSE, NELLIKKAPARAMBU,
KOTTAKKAL P.O.MALAPPURAM DISTRICT
BY ADV BABU S. NAIR
RESPONDENT/S:
1 THE ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, CIVIL STATION,
MALAPPURAM, MALAPPURAM DISTRICT,
PIN-676 505.
2 THE EXECUTIVE ENGINEER,
PWD (ROADS) DIVISION,
OFFICE OF THE EXECUTIVE ENGINEER,
MANJERI, MALAPPURAM DISTRICT,
PIN-676 121.
3 NAYARA ENERGY LIMITED,
6B,6TH FLOOR, NOEL FOCUS,
SEA PORT-AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O, KOCHI, PIN-682 037,
REPRESENTED BY ITS DIVISIONAL MANAGER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
25
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 15675 OF 2021
PETITIONER/S:
MUHAMMED MUSTHAFA
AGED 39 YEARS
S/O. ABDURAHIMAN,
CHULLIKULATH PUTHAN PEEDIYEKKAL HOUSE,
VALIYAPOYIL, ELANKOOR,
MALAPPURAM DISTRICT.
BY ADV BABU S. NAIR
RESPONDENT/S:
1 THE ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE, CIVIL STATION,
MALAPPURAM, MALAPPURAM DISTRICT,
PIN-676505.
2 THE EXECUTIVE ENGINEER,
PWD (ROADS) DIVISION,
OFFICE OF THE EXECUTIVE ENGINEER,
MANJERI, MALAPPURAM DISTRICT, PIN-676121.
3 NAYARA ENERGY LIMITED,
6B, 6TH FLOOR, NOEL FOCUS,
SEA PORT-AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O.,
KOCHI, PIN-682037,
REPRESENTED BY ITS DIVISIONAL MANAGER.
BY SMT. DEEPA NARAYANAN, SR. GP AND SMT. RASHMI.
K.M. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, ALONG WITH WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
26
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 26520 OF 2020
PETITIONER/S:
JAYASREE. R
AGED 55 YEARS
W/O RADHAKRIHANA PILLAI,
SUMASREE, MADANTHACODE,
NELLIMUKKU, KOLLAM.
BY ADVS.
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-695001.
2 KERALA PUBLIC WORKS DEPARTMENT
REPRESENTED 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.
WP(C) NO. 5973 OF 2021 & Conn. Cases
27
4 THE DISTRICT COLLECTOR
KOLLAM DISTRICT, COLLECTORATE,
KOLLAM-691013..
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.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
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 WP(C).5973/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
28
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 22044 OF 2020
PETITIONER/S:
MANOJ VALAMPARAMPAN
AGED 43 YEARS
S/O. GEORGE VALAMPARAMPAN,
VALAMPARAMPIL, MAROOR P.O,
ELAMANNOR, PATHANAMTHITTA.
BY ADVS.
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 - 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,
MINI CIVIL STATION,
PATHANAMTHITTA- 689645.
WP(C) NO. 5973 OF 2021 & Conn. Cases
29
4 THE DISTRICT COLLECTOR,
KOLLAM DISTRICT, COLLECTORATE,
PATHANAMTHITTA, 689645,
5 BHARAT PETROLEUM CORPORATION,
REPRESENTED BY CHIEF REGIONAL MANAGER,
ERNAKULAM TERRITORY,
IRIMPANAM INSTALLATION,
IRIMPANAM, COCHIN - 682309.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
BY SMT. DEEPA NARAYANAN, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 5973 OF 2021 & Conn. Cases
30
JUDGMENT
[WP(C) Nos.5973/2021, 191/2021, 4154/2021, 5936/2021, 6241/2021, 7538/2021,
7498/2021, 8157/2021, 9096/2021, 10593/2021, 11709/2020, 11971/2020,
11930/2021, 15675/2021, 26520/2020 and 22044/2020]
In all these cases the challenge is either regarding rejection of
request for a 'No Objection Certificate' (NOC) by the concerned
authority under rule 144 of the Petroleum rules, 2002 or the non
consideration of the request for NOC on the basis of an objection by the
officers of the Public Works Department (PWD) relying on government
orders dated 10.02.2020 and 16.10.2020. When the case was taken up
today, it is pointed out that in a batch of Writ Petitions involving the
very same issue, this Court has passed a judgment on 05.08.2021,
wherein this Court quashed the government orders dated 10.02.2020 and
16.10.2020 and declared that insisting on a condition to produce NOC
from PWD while granting NOC by the district authorities is null and
void. The directions of this Court are contained in Paragraph 54 of the
judgment which is reproduced below:-
WP(C) NO. 5973 OF 2021 & Conn. Cases
"54. In view of findings and conclusions made
hereinabove, this Court find it unnecessary to
decide other issues agitated in these Writ Petitions.
The writ petitions filed by Oil Marketing Companies
and their Franchisees are therefore allowed with the
following orders/directions:
(i) Ext.P2 and P4 Government Orders and the
Guidelines for Access Permission to Fuel Stations
along State Highways (SH) and Major District Roads
(MDR) approved as per Ext.P4 are set aside;
(ii) Orders of the District Authorities rejecting
the applications for NOC under Rule 144 of the
Petroleum Rules, 2002 submitted by the
petitioners/the respective Oil Marketing Companies
for non-compliance of Ext.P2 or P4 Guidelines, are
set aside.
(iii) In those Writ Petitions where District
Authorities have granted NOC subject to the
condition of producing NOC from PWD, the said
condition is declared as null and void.
(iv) The District Authorities concerned are
directed to consider/re-consider the applications
submitted by the petitioners for NOC under Rule
144 of the Petroleum Rules, 2002 without regard to
WP(C) NO. 5973 OF 2021 & Conn. Cases
Exts.P2 and P4 and in accordance with the Rules
prevailing as on the dates of the applications, within
a period of two months.
(v) The petitioners will be at liberty to cure
any other defects in their applications or pointed out
in the orders of rejection of their applications, in the
meanwhile.
(vi) WP(C) Nos.15228/2020, 12396/2020,
9008/2020, 8075/2020, 4614/2020, 4607/2020,
3549/2020, 35334/2019, 35036/2019, 33640/2019,
29361/2019 and 68/2021 which are filed
challenging grant of NOC ignoring Exts.P2 and P4
Government Orders are dismissed."
Exhibits P2 and P4 referred to in the above said directions are the
government orders dated 10.02.2020 and 16.10.2020. Hence, these Writ
Petitions are also disposed of in the light of the findings and conclusions
contained in the Paragraph 54 above. W.P(C) Nos. 15675/2021,
11930/2021, 11709/2020, 11971/2020 and 26520/2020 are cases where
the request for NOC has already been rejected. The orders of rejection
in these cases are set aside. There will be a direction in all the Writ
WP(C) NO. 5973 OF 2021 & Conn. Cases
Petitions to the concerned authorities under Rule 144 of the Petroleum
Rules, 2002 to reconsider the grant of NOC to the petitioners in terms of
Paragraph 54 referred above. 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. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 191/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
04/06/20.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER DATED
16/09/2020.
EXHIBIT P3 COPY OF THE G.O. (M.S.) NO. 46/2019/PWD
DATED 22/10/2019.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF 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. 67/20-
20/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.
WP(C) NO. 5973 OF 2021 & Conn. Cases
EXHIBIT P12 COPY OF THE LETTER ISSUED BY THE
GOVERNMENT SECRETARY FOOD AND CIVIL
SUPPLIES DATED 9/11/20.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 4154/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
30.11.2019.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER DATED
07.01.2020.
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
10.02.2020.
EXHIBIT P6 COPY OF THE JUDGMENT IN W.A.NO.27/2020
DATED 05.03.2020.
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 18.12.2018.
EXHIBIT P11 COPY OF THE LETTER RECEIVED UNDER RIGHT
WP(C) NO. 5973 OF 2021 & Conn. Cases
TO INFORMATION ACT.
EXHIBIT P12 COPY OF THE LETTER ISSUED BY THE
GOVERNMENT SECRETARY FOOD AND CIVIL
SUPPLIES DATED 09.11.2020.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 5936/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER.
EXHIBIT P3 COPY OF THE G.O.(M.S) 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
10.2.2020
EXHIBIT P6 COPY OF THE JUDGMENT IN W.A.NO.27/2020
DATED 5.3.2020.
EXHIBIT P7 COPY OF THE GOVERNMENT ORDER (RT)
NO:551/2020/PWD DATED 23.6.2020.
EXHIBIT P8 COPY OF THE GOVERNMENT ORDER (RT)
NO:555/2020/PWD DATED 24.6.2020.
EXHIBIT P9 COPY OF THE GOVERNMENT ORDER
(MS)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.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 6241/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC OF THE OUT
LET AWARDED TO THE PETITIONER DATED
01.12.2020.
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
10.02.2020.
EXHIBIT P6 COPY OF THE JUDGMENT IN W.A.NO.27/2020
DATED 05.03.2020.
EXHIBIT P7 COPY OF THE GOVERNMENT ORDER
(Rt)NO.551/2020/PWD DATED 23.06.2020.
EXHIBIT P8 COPY OF THE GOVERNMENT ORDER
(RT)NO.555/2020/PWD DATED 24.06.2020.
EXHIBIT P9 COPY OF THE GOVERNMENT ORDER
(MS)NO.67/2020/PWD DATED 16.10.2020.
EXHIBIT P10 TRUE COPY OF THE LETTER
NO.PWDH1/429/2018-PWD DATED 18.12.2018.
EXHIBIT P11 COPY OF THE LETTER RECEIVED UNDER RIGHT
TO INFORMATION ACT DATED 03.08.2020.
WP(C) NO. 5973 OF 2021 & Conn. Cases
EXHIBIT P12 COPY OF THE LETTER ISSUED BY THE
GOVERNMENT SECRETARY FOOD AND CIVIL
SUPPLIES DATED 09.11.2020.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 7538/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
17.04.2015.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER DATED
22.05.2015.
EXHIBIT P3 COPY OF THE REPORT OF THE R.D.O DATED
28.01.2020.
EXHIBIT P4 COPY OF THE REPORT OF THE 3RD RESPONDENT
DATED 14.03.2016.
EXHIBIT P5 COPY OF THE LETTER ISSUED BY THE 4TH
RESPONDENT DATED 25.02.2021.
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGE SHOWING
THE WITHDRAWAL OF IRC-12-2016.
EXHIBIT P7 COPY OF THE JUDGMENT IN W.A.NO.27/2020
DATED 05.03.2020.
EXHIBIT P8 COPY OF THE G.O(MS)NO.16/2020/PWD DATED
10.02.2020.
EXHIBIT P9 COPY OF THE GOVERNMENT ORDER
NO.551/2020/PWD DATED 23.06.2020.
EXHIBIT P10 COPY OF THE GOVERNMENT ORDER
NO.555/2020/PWD DATED 24.06.2020.
EXHIBIT P11 COPY OF THE G.O.(MS)NO.67/2020 DATED
WP(C) NO. 5973 OF 2021 & Conn. Cases
16.10.2020.
EXHIBIT P12 COPY OF THE LETTER OBTAINED UNDER RIGHT
TO INFORMATION ACT DATED 03.08.2020.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 7498/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
06.08.20.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER DATED
25.11.2020.
EXHIBIT P3 COPY OF THE G.O.(M.S.) 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 10.02.2020.
EXHIBIT P6 COPY OF THE JUDGMENT IN W.A.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
WP(C) NO. 5973 OF 2021 & Conn. Cases
TO INFORMATION ACT.
EXHIBIT P12 COPY OF THE LETTER ISSUED BY THE
GOVERNMENT SECRETARY FOOD AND CIVIL
SUPPLIES DEPARTMENT DATED 09.11.2020.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 8157/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE LETTER ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER DATED
08/08/2020.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER DATED
08/08/2020.
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
10/02/2020.
EXHIBIT P6 COPY OF THE JUDGMENT IN WA NO.27/2020
DATED 05/03/2020.
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.
PWDHI/429/2018 DATED 18/12/2018.
EXHIBIT P11 COPY OF THE LETTER RECEIVED UNDER RIGHT
WP(C) NO. 5973 OF 2021 & Conn. Cases
TO INFORMATION ACT.
EXHIBIT P12 COPY OF THE LETTER ISSUED BY THE
GOVERNMENT SECRETARY FOOD AND CIVIL
SUPPLIES DATED 09/11/2020.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 9096/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
05.12.20.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER DATED
19/12/20.
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 5/3/20.
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
WP(C) NO. 5973 OF 2021 & Conn. Cases
TO INFORMATION ACT.
EXHIBIT P12 COPY OF THE LETTER ISSUED BY THE
GOVERNMENT SECRETARY FOOD AND CIVIL
SUPPLIES DATED 9/11/20.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 10593/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DTD.
28/11/19.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER DTD.
9/12/19.
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
WP(C) NO. 5973 OF 2021 & Conn. Cases
TO INFORMATION ACT.
EXHIBIT P12 COPY OF THE LETTER ISSUED BY THE
GOVERNMENT SECRETARY FOOD AND CIVIL
SUPPLIED DATED 9/11/20.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 11709/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE COMMUNICATION OF
THE 6TH RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION DATED
2.9.2019 ISSUED BY THE 6TH RESPONDENT TO
3RD RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION
DCIDIC-5542/2019/E2 DATED NIL OF THE
ADDITIONAL DISTRICT MAGISTRATE.
EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION D1-
101/97/NOC/89 DATED 16.1.2020 OF THE 5TH
RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE COMMUNICATION
ISSUED BY THE 4TH RESPONDENT TO THE 5TH
RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE RELEVANT PAGE OF
IRC-12-2016.
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN
WA.27/2020 AND CONNECTED MATTERS.
EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT ON 29.04.2020.
EXHIBIT P9 THE TRUE COPY OF THE LETTER D3-GL/2020
DATED 2.6.2020 OF THE 4TH RESPONDENT.
EXHIBIT P10 THE TRUE COPY OF THE G.O.(MS)
NO.16/2020/PWD DATED 10.02.2020.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 11971/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER OF APPOINTMENT
DATED 01.07.2019 ISSUED TO THE
PETITIONER AND HIS PARTNERS BY THE 5TH
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPORT DATED 16.9.2019
OF THE VILLAGE OFFICER, ADDRESSED TO THE
TAHSILDAR, OTTAPPALAM.
EXHIBIT P3 TRUE COPY OF THE PLAN PREPARED BY THE
VILLAGE OFFICER, CHERPULASSERY,
CONTAINING THE DETAILS OF THE SITE AND
THE SURROUNDINGS, INCLUDING THE PWD
ROAD, WHEREIN THE PETITIONER ALONG WITH
3 OTHERS WERE PERMITTED TO SET UP A
PETROLEUM RETAIL OUTLET OF ESSAR OIL
LTD.
EXHIBIT P4 TRUE COPY OF THE NO OBJECTION
CERTIFICATE DATED 24.9.2019 OF THE
REGIONAL FIRE OFFICER, FIRE & RESCUE
SERVICES.
EXHIBIT P5 TRUE COPY OF THE LETTER
NO.CE/R/PLG./DB4/13109/2019 DATED
16.12.2019 OF THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RELEVANT EXTRACT OF THE
IRC 12-2009 NORMS, PUBLISHED BY THE
INDIAN ROADS CONGRESS.
EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPH OF THE
MUNICIPAL ROAD, RIGHT FROM ITS
COMMENCEMENT TO THE TERMINATION AT A
RIVER.
WP(C) NO. 5973 OF 2021 & Conn. Cases
EXHIBIT P8 TRUE COPY OF THE PHOTOGRAPH OF THE
MUNICIPAL ROAD, RIGHT FROM ITS
COMMENCEMENT TO THE TERMINATION AT A
RIVER.
EXHIBIT P9 TRUE COPY OF THE PHOTOGRAPH OF THE
MUNICIPAL ROAD, RIGHT FROM ITS
COMMENCEMENT TO THE TERMINATION AT A
RIVER.
EXHIBIT P10 TRUE COPY OF THE PHOTOGRAPH OF THE
MUNICIPAL ROAD, RIGHT FROM ITS
COMMENCEMENT TO THE TERMINATION AT A
RIVER.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED
21.01.2020 OF THIS HON'BLE COURT IN W.P.
(C) NO.1622/2020.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED
05.03.2020 OF THIS HON'BLE COURT IN
W.A.NO.27/2020.
EXHIBIT P13 TRUE COPY OF THE ORDER
NO.DCPKD/9606/2019-D3 DATED NIL OF THE
6TH RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED
28.5.2020 OF THIS HON'BLE COURT IN W.P.
(C) NO.10102/2020.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 11930/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER OF INTENT ISSUED
TO THE PETITIONER AND OTHERS BY THE 3RD
RESPONDENT DATED 14.10.2010
Exhibit P2 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE SECRETARY TO THE GOVERNMENT, PUBLIC
WORKS DEPARTMENT AS GO(MS) NO 67/2020/PD
DATED 16.10.2020
Exhibit P3 TRUE COPY OF THE ORDER ALONG WITH THE
CHECK LIST ISSUED BY THE 2ND RESPONDENT
DATED 5.5.2021
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 15675/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FOR GRANT
OF NOC SUBMITTED BY THE 3RD RESPONDENT
TO THE FIRST RESPONDENT DATED,
28.5.2020.
Exhibit P2 TRUE COPY OF THE NOTIFICATION ISSUED BY
THE SECRETARY TO THE GOVERNMENT, PUBLIC
WORKS DEPARTMENT AS G.O.(M.S.)
NO.67/2020/PWD DATED 16.10.2020.
Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE VILLAGE OFFICER, VAZHIKKADAVU DATED
25.1.2021.
Exhibit P4 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 5.5.2021, REJECTING THE
APPLICATION FOR NOC.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 26520/2020
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER.
EXHIBIT P3 COPY OF THE JUDGMENT IN WPC
NO.20000/2020.
EXHIBIT P4 COPY OF THE ORDER OF THE 4TH RESPONDENT
DATED 17/11/20.
EXHIBIT P5 COPY OF THE GO (MS) NO.67/2020/PWD DATED
16/10/2020.
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 5973/2021
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFICER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER
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
10.2.2020
EXHIBIT P6 COPY OF THE JUDGMENT IN WA NO 27/2020
DATED 5.3.2020
EXHIBIT P7 COPY OF THE GOVERNMENT ORDER (RT) NO
551/2020 PWD DATED 23.6.2020
EXHIBIT P8 COPY OF THE GOVERNMENT ORDER (RT) NO
555/2020 PWD DATED 24.6.2020
EXHIBIT P9 COPY OF THE GOVERNMENT ORDER (MS) NO
67/2020 PWD DATED 16.10.2020
EXHIBIT P10 TRUE COPY OF THE LETTER NO
PWDH1/429/2018 DATED 18.12.2018
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
WP(C) NO. 5973 OF 2021 & Conn. Cases
APPENDIX OF WP(C) 22044/2020
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE
5TH RESPONDENT TO THE PETITIONER DATED
02.09.19.
EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH
RESPONDENT FOR GETTING NOC TO THE OUT
LET AWARDED TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF IRC
12-2016 DATED NIL.
EXHIBIT P4 COPY OF THE JUDGMENT IN WA NO. 49/2020
DATED 5.3.2020.
EXHIBIT P5 COPY OF GO(MS) NO. 16/2020/PWD DATED
10.02.2020.
EXHIBIT P6 COPY OF THE GOVERNMENT ORDER
NO.551/2020/PWD DATED 23.06.2020.
EXHIBIT P7 COPY OF THE GOVERNMENT ORDER
NO.555/2020/PWD DATED 24.06.2020.
EXHIBIT P8 COPY OF THE LETTER OBTAINED UNDER RIGHT
TO INFORMATION ACT DATED 03.08.2020.
EXHIBIT P9 COPY OF THE G.O.(M.S) NO:67/2020/PWD
DATED 16/10/2020
