C.Dhaneesh vs The State Of Kerala
2021 Latest Caselaw 13142 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
               THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                        &
                   THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
           WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                                WA NO. 359 OF 2021
 AGAINST THE JUDGMENT IN WP(C) 26195/2019 OF HIGH COURT OF KERALA DATED 19.12.2019
APPELLANT/PETITIONER:

            C.DHANEESH, AGED 38 YEARS, S/O YESUDAS,
            PREM NIVAS, VAYANTHODE, MATTANNUR, KANNUR.
            BY ADVS.
            R.SUNIL KUMAR
            SMT.A.SALINI LAL
            SHRI.ARUN KRISHNA


RESPONDENTS:

     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.

     4      THE DISTRICT COLLECTOR, KANNUR DISTRICT,
            COLLECTORATE, KANNUR-670 002.

     5      BHARAT PETROLEUM CORPORATION LTD, REP BY ITS CHIEF REGIONAL
            MANAGER, CALICUT TERRITORY OFFICE, 3RD FLOOR, CEEKEY TOWERS,
            VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011.


            SRI. TEK CHAND, SR.G.P.
            SRI.M.GOPIKRISHNAN NAMBIAR FOR R5

      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.06.2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.359 of 2021
                                    :: 2 ::


                                JUDGMENT

Dated this the 23rd day of June 2021

S.MANIKUMAR, C.J.

Instant writ appeal is directed against the judgment in W.P.

(C)No.26195 of 2019 dated 19.12.2019, by which the writ court dismissed

the writ petition holding that if at all the petitioners have any

grievance against the application of IRC Guidelines and MORTH Norms

in the matter of considering their requests for No Objection Certificates

under Rules 144 of the Rules, they cannot approach this Court before a

decision is taken on the application.

2. The very same issue has been considered by this Court in W.A.

No.27 of 2020 and connected cases, and this Court as per judgment

dated 05.03.2020 allowed the writ appeals. The operative portion of the

said judgment reads thus:

"7. Mr. M. GopiKrishnan Nambiar, learned standing counsel for Bharat Petroleum Corporation and Mr. N. Manoj Kumamr, learned Special Government Pleader for the State submitted that Government have incorporated IRC norms in the PWD Manual. G.O.(M.S) No.16/2020/PWD dated 10.2.2020 has been issued subsequent to the disposal of writ petitions. IRC guidelines for road safety has been withdrawn on 1.12.2019. Had the withdrawal of IRC guidelines been brought to the notice of the writ court, this common judgment dismissing the writ petitions for not satisfying IRC guidelines would not have been passed.

W.A.No.359 of 2021 :: 3 ::

8. Pursuant to the interim directions granted in the writ petitions, some of the appellants have been issued with No Objection Certificates. Subsequently, writ petitions have been dismissed. Though interim order merges with the final judgment, correctness of the said judgment is carried on in the instant appeals and judgment is reversed, the litigant is entitled to be protected and entitled to the benefits arising out of the interim order. Thus, we are of the view that the writ petitioners/appellants, who have obtained No Objection Certificate from competent authority shall continue with the the benefits of the interim order. We are not expressing anything on those applications which are rejected or still pending with the competent authority. Common judgment in W.P(C). No.29005 of 2019 and connected cases dated 19.12.2019 is set aside. All the writ appeals are allowed, as indicated above."

3. Since the issue is already covered in favour of the appellant,

Sri.Tek Chand, Sr. Government Pleader, is put on notice for respondents

1 to 4 and Sri. M. Gopikrishnan Nambiar, learned Standing Counsel for

the Indian Oil Corporation is also put on notice for the 5th respondent.

Following the judgment dated 05.03.2020 passed by this Court in

W.A.No. 27 of 2020 and batch, we allow this writ appeal by setting aside

the impugned judgment.

SD/-

S.MANIKUMAR CHIEF JUSTICE

SD/-

SHAJI P. CHALY JUDGE jes