B.Anil Kumar vs The Executive Engineer
2021 Latest Caselaw 1702 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                        WP(C).No.1089 OF 2021(I)


PETITIONER:

               B.ANIL KUMAR
               AGED 62 YEARS
               DEALER, INDIAN OIL CORPORATION, ATTINGAL,
               RESIDING AT JANAK, KEEZHATTINGAL,
               KEEZHATTINGAL P.O., THIRUVANANTHAPURAM - 695 101.

               BY SR.ADV.SRI.N.N.SUGUNAPALAN
               BY ADV.SRI.S.SUJIN

RESPONDENTS:

      1        THE EXECUTIVE ENGINEER, P.W.D. (NATIONAL HIGHWAY)
               N.H.DIVISION, PMG JUNCTION,
               THIRUVANANTHAPURAM - 695 033.

      2        THE ASSISTANT EXECUTIVE ENGINEER
               P.W.D.(NATIONAL HIGHWAY), N.H.DIVISION,
               PMG JUNCTION, THIRUVANANTHAPURAM - 695 033.

      3        THE ASSISTANT ENGINEER
               P.W.D.ROAD SUB DIVISION, (NATIONAL HIGHWAY)
               CIVIL STATION, ATTINGAL P.O.,
               THIRUVANANTHAPURAM - 695 101.

      4        REVIVE CONSTRUCTION
               KILIMANOOR, THIRUVANANTHAPURAM - 695 601, REPRESENTED
               BY ITS MANAGING DIRECTOR.


OTHER PRESENT:

                 SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1089 OF 2021(I)

                                  2




                           J U D G M E N T

Petitioner, who is running a Petrol and Diesel

Outlet of the Indian Oil Corporation at Attingal,

points out that the ongoing repair of the National

Highway of Attingal which passes through the front of

the outlet would lead to closing of free entrance to

the Petroleum outlet. It is stated that even though

there is a space provided for free entry of the

vehicles from both sides to the Petroleum outlet, the

Contractor who is carrying out the construction of a

divider is taking steps to close the access to the

Petroleum outlet which would be disastrous. It is

stated that though petitioner had submitted Ext.P2

representation before the Executive Engineer and even

the Oil Company itself had submitted Ext.P3

representation before the Assistant Executive

Engineer, no positive action is taken. WP(C).No.1089 OF 2021(I)

Therefore, the writ petition is disposed of

directing the first respondent to consider Ext.P2

representation and to take a decision at the earliest

within a period of 'two weeks', after affording an

opportunity of hearing to the petitioner, from the

date of receipt of a copy of the judgment.

It is made clear that hearing can be held through

electronic mode.

Sd/-

P.V.ASHA, JUDGE

AS WP(C).No.1089 OF 2021(I)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOGRAPHS SHOWING THE MEDIAN CONSTRUCTED BY THE 4TH RESPONDENT CONTRACTOR.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 07/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 17/08/2020 SUBMITTED BY THE INDIAN OIL CORPORATION BEFORE THE 2ND RESPONDENT.