Feroze Khan vs Additional District Magistrate
2021 Latest Caselaw 21365 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
   FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                       WP(C) NO. 2461 OF 2021
PETITIONER:

          FEROZE KHAN,
          AGED 43 YEARS,
          S/O ABOOHAJEE, KALARIKANDI HOUSE,
          OMASSERY, KOZHIKODE DISTRICT, PIN-673 572.

          BY ADVS.
          SRI.MUDASSER AHMED
          SRI.MUNEER AHMED

RESPONDENTS:

    1     ADDITIONAL DISTRICT MAGISTRATE,
          DISTRICT AUTHORITY,
          UNDER PETROLEUM ACT AND RULES,
          COLLECTORATE, CIVIL STATION,
          KOZHIKODE, PIN CODE-673 020.
    2     NAYARA ENERGY LIMITED,
          6B, 6TH FLOOR, NOEL FOCUS,
          SEAPORT-AIRPORT ROAD, CHITTELHUKARA,
          CSEZ P.O., KOCHI-682 037,
          REPRESENTED BY ITS MR. AJIT PAL SINGH PATEL JOINT GM
          DIVISIONAL MANAGER-RETAIL BD, COCHIN DIVISION
    3     ABDUL MAJEED V.T,
          AGED 42 YEARS,
          S/O ISMAYIL HAJI, MELEPURAKKAL HOUSE,
          PULIYAKKODE P.O.,
          MALAPPURAM DISTRICT, PIN CODE-673 641.

          BY ADVS.
          SMT.PRINCY XAVIER, SR.GOVERNMENT PLEADER
          R2 BY SRI.K.DILIP
          R3 BY DR.GEORGE ABRAHAM


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2461/2021

                                  2




                           JUDGMENT

Dated this the 29th day of October, 2021

The writ petition is filed by the petitioner aggrieved

by the grant of NOC to a Fuel Station. The petitioner in the

writ petition prayed that the 1st respondent should be directed

to consider the admissibility and validity of Ext.P1 as a

preliminary issue and pass a speaking order thereon. This

Court in a related Contempt of Court Case directed the

Additional District Magistrate to hear the petitioner also in the

matter.

2. When this writ petition came up for hearing today,

the learned Government Pleader submitted that after

considering the objections raised by the petitioner, the Deputy

Collector/Additional District Magistrate (General) has passed WP(C).No.2461/2021

an order dated 25.10.2021. In view of the said submission, it

is evident that the petitioner's objections have been

considered and an order has been passed by the Additional

District Magistrate.

In such circumstances, this writ petition has

become infructuous. Accordingly, the writ petition is

dismissed as infructuous, granting liberty to the petitioner to

challenge the orders passed by the Additional District

Magistrate, if the petitioner is so advised.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.2461/2021

APPENDIX OF WP(C) 2461/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED 30.10.2019 EXECUTED BY VIMALA AND OTHERS IN FAVOUR OF THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE STATEMENT OF OBJECTIONS DATED 27.8.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF INTERLOCUTORY APPLICATION DATED 27.8.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF ADDITIONAL STATEMENT OF OBJECTIONS DATED 5.9.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 7.9.2020 EXHIBIT P5 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO 21901/2020 DATED 20.10.2020 EXHIBIT P6 TRUE COPY OF GO(MS) NO 16/2020/PWD DATED 10.2.2020 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT P7 TRUE COPY OF GO(MS) NO 67/2020/PWD DATED 16.10.2020 ISSUED BY THE PUBIC WORKS (H) DEPARTMENT OF THE GOVERNMENT OF KERALA EXHIBIT P8 TRUE COPY OF CIRCULAR NO PCB/HO/HOW/RULES9/7/2019 DATED 24.2.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD EXHIBIT P9 TRUE COPY OF CIRCULAR NO PCB/HO/HOW/RULES9/7/2019 DATED 18.8.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD EXHIBIT P10 TRUE COPY OF THE NOC ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 4.1.2021 EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE COUNSEL FOR THE PETITIONER UNDER THE RTI ACT DATED 16/02/2021.

EXHIBIT P12 TRUE COPY OF THE REPLY ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DATED 10/03/2021.

RESPONDENT'S EXHIBITS:

EXHIBIT R3(A) TRUE COPY OF THE ORDER ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 16.09.2020 EXHIBIT R3(B) TRUE COPY OF COMMUNICATION DATED 26.09.2020 WP(C).No.2461/2021

ISSUED BY THE DISTRICT POLICE CHIEF. EXHIBIT R3(C) TRUE COPY OF COMMUNICATION DATED 09.09.2020, ISSUED BY THE STATION HOUSE OFFICER, KODUVALLY POLICE STATION EXHIBIT R3(D) A COPY OF STATEMENT FILED BY THE WRIT PETITIONER DATED 09.09.2020 EXHIBIT R3(E) A COPY OF STATEMENT COMMUNICATION ISSUED BY THE EXECUTIVE ENGINEER DATED 22.12.2020 EXHIBIT R3(F) A COPY OF STATEMENT NOC ISSUED BY THE REGIONAL FIRE OFFICER, KOZHIKODE DATED 24.12.2019. EXHIBIT R3(G) A COPY OF JUDGMENT IN W.P.(C) NO.9801/2017 DATED 30.05.2017.

ANNEXURE R1(A) TRUE COPY OF THE REPORT OF THE TAHSILDAR, KOZHIKODE AND THAMARASSERY.

ANNEXURE R1(B) TRUE COPY OF THE REPORT OF THE DPC. ANNEXURE R1(C) TRUE COPY OF THE LETTER NO.A5-NOC/3431/2020 DATED 22.12.2020.

ANNEXURE R1(D) TRUE COPY OF THE NOC FROM REGIONAL FIRE OFFICER.

SR