Kerala High Court
James Fernandez vs District Collector on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.1332 OF 2014(S)
PETITIONER:
JAMES FERNANDEZ
PEOPLE'S ACTION COUNCIL AGAINST HPCL
ATF TANK PROJECT AT VALIYATHURA,
RESIDING AT JC VILLA, VALIYATHOPPU,
VALLAKKADAVU P.O.,
THIRUVANANTHAPURAM-695 008.
BY ADVS.
SHRI.THOMAS ABRAHAM
ASWIN P JOHN
SMT.MERCIAMMA MATHEW
RESPONDENTS:
1 DISTRICT COLLECTOR
TRIVANDRUM DISTRICT, COLLECTORATE,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF FACTORIES AND BOILERS
THIRUVANANTHAPURAM-695 001.
3 ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, PLAMOOD JUNCTION,
THIRUVANANTHAPURAM-695 008.
4 TRIVANDRUM CORPORATION
REPRESENTED BY ITS SECRETARY,
CORPORATION OFFICE,
THIRUVANANTHAPURAM-695 033.
W.P(C).1332/2014
2
5 CONTROLLER OF EXPLOSIVES
PETROLEUM AND EXPLOSION SAFETY ORGANIZATION
(PESO), 5TH FLOOR, A-BLOCK, CGO COMPLEX,
SEMINARY HILLS, NAGPUR-440 006.
6 AIRPORT DIRECTOR
AIRPORTS AUTHORITY OF INDIA,
THIRUVANANTHAPURAM-695 008.
7 MS. HINDUSTAN PETROLEUM CORPORATION LTD.
HINDUSTAN BHAVAN, 8,
SHOORJI VALLABHDAS MARG, MUMBAI,
MAHARASHTRA-400 001.
8 STATION MANAGER
HINDUSTAN PETROLEUM CORPORATION LTD.,
INTERNATIONAL AIRPORT,
THIRUVANANTHAPURAM-695 008.
9 SHRI. LAWRENCE JUSA
NOS.704 & 707, LAKESIDE,
RAHEJA VIHAR, POWAI, MUMBAI-400 072.
R1-2 BY STATE ATTORNEY
R1-2 BY SRI. SURIN GEORGE IPE, SR. GOVT.
PLEDER
R3 BY ADV. SRI. T.NAVEEN , SC, KERALA STATE
POLLUTION CONTROL BOARD
R4 BY ADV. SRI.P.K.MANOJKUMAR
R5 BY SRI. P. VIJAYAKUMAR, ASG OF INDIA
R6 BY ADV. SRI.V.SANTHARAM
BY ADV. SRI.N.NANDAKUMARA MENON SR.
R7, 8 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R7, 8 BY ADV. SRI.P.BENNY THOMAS
R7, 8 BY ADV. SRI.K.JOHN MATHAI
R7, 8 BY SMT. RAMOLA
R5 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).1332/2014
3
JUDGMENT
Dated this the 1st day of February, 2021
S. Manikumar, CJ.
Petitioner has sought for the following reliefs:
"i) Call for the records leading to Exhibit P1 to P5 and quash
the same by issuing a writ of certiorari or any other appropriate
writ order or direction.
ii) Issue a writ of mandamus or any other appropriate writ
order or direction commanding the 1 st respondent not to permit
the 7th respondent company to install and run the AFT tank
farm in the plot of land having an extent of 46 cents comprised
in Survey Nos.1790/F 5-3 & 1790/F 5-4-2 of Petah Village,
Thiruvananthapuram Taluk in Thiruvananthapuram District
belonging to the 9th respondent."
2. Mr. Anand Padmanabhan, representing Mr. Thomas,
Abraham, learned counsel for the petitioner submitted that the reliefs
sought for in this writ petition have become infructuous.
3. That apart, based on the affidavit dated 18.8.2014,
Ms.Ramola, learned counsel appearing for the Oil Corporation
submitted that unit has already been installed and commissioned also.
Placing on record the above, writ petition is dismissed as
infructuous.
Sd/-
S. Manikumar,
Chief Justice
Sd/-
Shaji P. Chaly,
Judge
sou.
