Peter P.George vs The State Of Kerala
2021 Latest Caselaw 23090 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA,
                            1943
                  WP(C) NO. 10595 OF 2020
PETITIONER/S:

          PETER P.GEORGE
          POONTHOTTATHIL HOUSE, ELANJI P.O.
          ERNAKULAM DISTRICT.
          BY ADVS.
          ARUN CHANDRAN
          SRI.J.VISHNU


RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
          PUBLIC WORKS DEPARTMENT 1ST FLOOR, SOUTH BLOCK,
          SECRETARIAT, STATUE, THIRUVANANTHAPURAM 695 001.
    2     THE ADDITIONAL DISTRICT MAGISTRATE,
          KAKKANAD, ERNAKULAM 682 030.
    3     JOINT CHIEF CONTROLLER OF EXPLOSIVE,
          A AND D WING, BLOCK 1-8, IIND FLOOR, SHASTRI
          BHAVAN, 26 HADDOUS ROAD, NUNGAMBAKKAM, CHENNAI
          (TAMIL NADU), 600006.
    4     DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
          C-2 IIRD FLOOR, CGO COMPLEX, KAKKANAD, ERNAKULAM
          682 020.
    5     THE PIRAVOM MUNICIPALITY,
          PIRAVOM, ERNAKULAM DISTRICT 686 664, REPRESENTED
          BY ITS SECRETARY.
    6     THE TERRITORY MANAGER,
          (RETAIL), BHARAT PETROLEUM CORPORATION LIMITED,
          ERNAKULAM TERRITORY (RETAIL), OFFICE, IRIMPANAM,
          INSTALLATION, COCHIN 682 309.
                                         -2-
W.P.(C). No. 10595 of 2020



      7          SUNEESH.O.N.
                 S/O. NARAYAN P.A., PAYYAPPILLIL HOUSE, SOUTH
                 MARADY P.O. NORTH MARADY, MUVATTUPUZHA,
                 ERNAKULAM DISTRICT 686 673.
      8          ADDL.R8.BHARAT PETROLEUM CORPORATION LIMITED
                 REPRESENTED BY THE TERRITORY
                 MANAGER(RETAIL),BHARAT PETROLEUM CORPORATION
                 LIMITED,ERNAKULAM TERRITORY(RETAIL)
                 OFFICE,IRIMPANAM INSTALLATION,ERNAKULAM-682309
                 (IS IMPLEADED AS PER ORDER DATED 30.6.2020 IN
                 IA 1/2020 IN WPC)
                 BY ADVS.
                 SHRI.P.VIJAYAKUMAR, ASG OF INDIA
                 SHRI.GEORGE SEBASTIAN, SC, PIRAVOM MUNICIPALITY
                 SRI.M.GOPIKRISHNAN NAMBIAR
                 SRI.S.K.ADHITHYAN
                 M.GOPIKRISHNAN NAMBIAR
                 SRI.K.JOHN MATHAI
                 SRI.K.S.ARUN KUMAR
                 SRI.JOSON MANAVALAN
                 SRI.KURYAN THOMAS
                 SRI.PAULOSE C. ABRAHAM


OTHER PRESENT:

                 SMT.DEEPA NARAYANAN, SR.GP, SRI.S.MANU, ASGI



          THIS    WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON    24.11.2021,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     -3-
W.P.(C). No. 10595 of 2020



                             P.V.KUNHIKRISHNAN, J.
                              =================================================

                             W.P.(C) No.10595 of 2020
                       =============================================================

                Dated this the 24th day of November, 2021

                                        JUDGMENT

The above writ petition is filed with following prayers"

"i. Issue a writ of certiorari calling for the records leading to Exhibit-P3 and to quash the same.

ii. Issue a writ declaring that the petrol fuel outlet proposed to be set up by the 6th and 7th respondents is in violation of the IRC and PWD guidelines and cannot be allowed to operate.

iii.Issue a writ directing the 3rd respondent not to grant license to the petrol bunk proposed to be set up by the 6th and 7th respondents.

iv. Issue an appropriate writ, order or direction, commanding the 2nd and 4th respondents to dispose of the Exhibit-P10 and Exhibit-P11 complaints before them in accordance with law as expeditiously as possible and within a maximum period of 2 weeks.

W.P.(C). No. 10595 of 2020

v. Issue an appropriate writ directing the 1st and 2nd respondents to ensure that no construction activity pertaining to the proposed petrol pump is allowed to be carried out in the plots covered by the Exhibit-P9 lease deed.

vi. Grant such other reliefs as this Court deems fit in the facts and circumstances of the case."

2. When this writ petition came up for consideration,

the learned counsel for the petitioner confined his prayer for a

consideration of Exts.P10 and P11 by respondents 2 and 4. The

above prayer is strongly opposed by the learned Government

Pleader and the learned Standing Counsel for respondents 6 and

8. The Government Pleader and the Standing Counsel

submitted that respondents 2 and 4 have no authority to

consider these representations and there is no statutory backing

for the same. The Government Pleader and the Standing

Counsel submitted that the petitioner is not an aggrieved party.

The Standing Counsel for respondents 6 and 8 takes me through

W.P.(C). No. 10595 of 2020

the first sentence in the writ petition, in which it is stated that

the petitioner is managing a petrol pump in Elanji, Kottayam.

According to the Standing Counsel, he is a rival claimant and

he wants to stall the construction of this retail outlet.

3. I don't want to make any observation about the merit

of the case. The limited prayer of the petitioner is to consider

Exts.P10 and P11 by respondents 2 and 4. I make it clear that,

respondents 2 and 4 can pass appropriate orders in accordance

to law. I also make it clear that, I have not considered the

maintainability of said representations before the 2 nd and 4th

respondents and that also can be considered by respondents 2

and 4. This Court intended to dispose of this writ petition only

to pass orders in Exts.P10 and P11 within a time limit.

Therefore, all the contentions of the petitioner and the

respondents are left open. I also make it clear that I have not

passed any interim order staying the construction of the outlet.

Therefore, this writ petition is disposed of in the following

W.P.(C). No. 10595 of 2020

manner:

1. Respondents 2 and 4 are directed to consider Exts.P10 and P11 representations, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.

2. Before passing orders in these representations, respondents 2 and 4 will hear the petitioner and the other respondents, if necessary.

3. I make it clear that I have not considered the matter on merit and respondents 2 and 4 are free to pass appropriate orders, in accordance to law. Respondents 2 and 4 are also free to decide the maintainability of said representations before that authority.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 10595 of 2020

APPENDIX OF WP(C) 10595/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BPCL'S REPLY TO THE RTI APPLICATION PREFERRED BY THE PETITIONER, DATED 09.11.2016.

EXHIBIT P2 TRUE COPY OF THE LETTER OF INTENT DATED 30.11.2016 FOR RETAIL OUTLET DEALERSHIP ISSUED TO THE 7TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE NOC ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM, FOR THE PETROL BUNK, DATED 28.12.2018.

EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE PIRAVOM MUNICIPALITY, DATED 09.12.2019.

EXHIBIT P5 TRUE COPY OF THE G.O. (MS) NO.

16/2020/PWD DATED 10.02.2020., ISSUED BY THE PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA.

EXHIBIT P6 TRUE COPY OF THE PLAINT AND AFFIDAVIT IN O.S.NO. 96/2020 FILED BEFORE THE MUSIFF COURT, MUVATTUPUZHA.

EXHIBIT P7 TRUE COPY OF THE ADVOCATE COMMISSION REPORT IN O.S. NO. 96/2020 DATED 21.03.2020.

EXHIBIT P8 TRUE COPY OF THE RELEVANT PORTION OF THE IRC 12-2016 UNIFIED GUIDELINES FOR ACCESS PERMISSION FOR FUEL STATION. EXHIBIT P9 TRUE COPY OF THE LEASE DEED ENTERED INTO BY THE BPCL DATED 18.03.2020. EXHIBIT P10 TRUE COPY OF THE COMPLAINT, SUBMITTED BY THE PETITIONER BEFORE THE ADM, ERNAKULAM, DATED 21.05.2020.

W.P.(C). No. 10595 of 2020

EXHIBIT P11 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, DATED 21.05.2020.

RESPONDENT'S EXHIBITS EXHIBIT R6(a) TRUE COPY OF THE CERTIFICATE DATED 03.06.2020 ISSUED BY THE VILLAGE OFFICER, PIRAVOM, ALONG WITH AN ENGLISH TRANSLATION EXHIBIT R6(b) TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE KSPCB DATED 19.10.2019 EXHIBIT R6(c) TRUE COPY OF THE TOKEN OF APPROVAL ISSUED BY THE PESO DATED 03.10.2017 EXHIBIT R6(d) TRUE COPY OF THE SITE PLAN DATED 25.08.2017 EXHIBIT R6(e) TRUE COPY OF THE LETTER DATED 04.05.2020 SUBMITTED BY BPCL TO PESO FOR CORRECTION OF SY.NO.

EXHIBIT R7(a) TRUE COPY OF THE RELEVANT PAGES OF ADVERTISEMENT OF NOTICE FOR RETAIL OUTLET DEALERSHIP PUBLISHED IN THE THE HINDU AND MALAYALA MANORAMA DATED 18.10.2014 EXHIBIT R7(b) TRUE COPY OF THE REGISTERED WILL AS WILL NO.III 79/2000 DATED 31.05.2000 OF SUB REGISTRAR'S OFFICE, PIRAVOM EXHIBIT R7(c) TRUE COPY OF THE CERTIFICATE GIVEN BY VILLAGE OFFICER, PIRAVOM TO BE PRODUCED BEFORE THE BHARAT PETROLEUM CORPORATION LTD. DATED 03.06.2020 EXHIBIT R7(d) TRUE COPY OF THE NOTARIZED AFFIDAVIT GIVEN BY CYRIAC MATHEW PRODUCED ALONG WITH THE RETAIL OUTLET DEALERSHIP APPLICATION OF THE 7TH RESPONDENT BEFORE BPCL.

W.P.(C). No. 10595 of 2020

EXHIBIT R7(e) TRUE COPY OF THE NOTARIZED AFFIDAVIT GIVEN BY JOSEPH MATHEW PRODUCED ALONG WITH THE RETAIL OUTLET DEALERSHIP APPLICATION OF THE 7TH RESPONDENT BEFORE BPCL.

W.P.(C). No. 10595 of 2020