Vilakudy Sree Nagaraja Kshethra ... vs Union Of India
2023 Latest Caselaw 8249 Ker

WP(C) NO. 24095 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                          WP(C) NO. 24095 OF 2023
PETITIONER/S:

               VILAKUDY SREE NAGARAJA KSHETHRA SAMRAKSHANA SAMITHI
               REPRESENTED BY IT'S PRESIDENT K.C.SREELAL
               AGED 50 YEARS
               AGED 50 YEARS, S/O.CHELLAPPAN PILLAI,KOPPARA HOUSE,
               VILAKUDY P.O.,KOLLAM, PIN - 691508

               BY ADV RESMI A.



RESPONDENT/S:

      1        UNION OF INDIA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY
               OF COMMERCE AND INDUSTRY, PETROLEUM AND SAFETY
               ORGANISATION A AND D WING, BLOCK 1-8, 2ND FLOOR,
               SASTHRI BHAVAN, NEW DELHI, PIN - 110001

      2        THE DISTRICT COLLECTOR
               COLLECTORATE, CIVIL STATION ROAD,KANKATHU MUKKU,
               KOLLAM, PIN - 691013

      3        THE REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE,KALAYANAD,PUNALUR, PIN -
               691331

      4        THE VILLAGE OFFICER
               VILLAGE OFFICE, VILAKUDY,KOLLAM, PIN - 691508

      5        THE EXECUTIVE ENGINEER
               NH DIVISION, BEACH ROAD, KOLLAM, PIN - 691001

      6        VILAKUDY GRAMA PANCHAYAT
               VILAKUDY P.O.,KOLLAM REPRESENTED BY ITS SECRETARY,
 WP(C) NO. 24095 OF 2023                 2


               PIN - 691503

      7        THE ENVIRONMENTAL ENGINEER
               KERALA STATE POLLUTION CONTROL BOARD, KOLLAM, PIN -
               691001

      8        NAYARA ENERGY LIMITED
               5TH FLOOR, JET AIRWAYS GODREJ BKC PLOT NO. C-68, G
               BLOCK BANDRA KURLA COMPLEX,BANDRA EAST MUMBAI-400
               051,MAHARASHTRA, INDIA HAVING OFFICE AT NOEL FOCUS,
               DOOR NO.XIV/305 A7,1,6B ERNAKULAM,SEAPORT-AIRPORT
               ROAD, KAKKANAD CSEZ POST, KOCHI,KERALA REPRESENTED
               BY ITS MANAGING DIRECTOR, PIN - 682031

      9        M.B.THOMAS
               AGED ABOUT 50 YEARS, S/O.M.T.BABY MATTATHU HOUSE,
               KUNNICODE P.O.,KOLLAM, PIN - 691508

      10       PHILOMENA THOMAS
               AGED ABOUT 47 YEARS, W/O. M.B.THOMAS, MATTATHU
               HOUSE, KUNNICODE P.O.,KOLLAM, PIN - 691508

               BY ADV S.MANU



OTHER PRESENT:

               SRI. T.NAVEEN, SC, VILAKUDY GRAMA PANCHAYATH, SMT.
               VIDYA KURIAKOSE, GP, SRI.S.MANU, DSGI




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.08.2023,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 24095 OF 2023                  3




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C.) No. 24095 of 2023
                     --------------------------------------
                Dated this the 1st day of August, 2023


                                   JUDGMENT

The above writ petition is filed with following prayers :

"(a) To issue a writ of Mandamus or any other appropriate writ, directions or orders directing respondents 1 to 7 to not grant licence or permit to the 8th respondent for starting petroleum retail outlet in the property situated in Sy.No.355/3,355/7 and 355/6 of Vilakudy Village.

(b) To issue a writ of Mandamus or any other appropriate writs, directions or orders directing the 4th respondent to fix boundary of the property of the minor deity Sree Nagaraja of Vilakudy Nagaraja Temple in Sy.Number 80/1-1

(c) The petitioner may be dispensed with production of translated copies of the documents in vernacular language." [SIC]

2. A bare perusal of the prayer in this writ petition

itself will show that these are matters to be agitated before the

civil court. According to the petitioner, the 8 th respondent is

encroaching to the property of the petitioner- temple. If that is

the case, the petitioner has to establish the same before the

competent civil court and get appropriate orders from the

competent civil court.

Granting liberty to the petitioner to approach the

competent civil court, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 24095/2023

PETITIONER EXHIBITS

Exhibit.P-1 A TRUE COPY OF THE SETTLEMENT REGISTER DATED NIL

Exhibit.P-2 A TRUE COPY OF THE SANGHAM REGISTRATION CERTIFICATE ISSUED BY SANGHAM REGISTRAR DATED 29.06.2022

Exhibit.P-3 A TRUE COPY OF BTR DATED NIL

Exhibit.P-4 A TRUE COPY OF THE VIKASANA REKHA ISSUED BY VILAKUDY PANCHAYATH DATED NIL

Exhibit.P-5 A TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC RELATIONS OFFICER OF VILAKUDY VILLAGE UNDER RTI ACT DATED 05.12.2022

Exhibit.P-6 A TRUE COPY OF THE LOCATION SKETCH ISSUED THE VILLAGE OFFICER, VILAKUDY VILLAGE DATED 08.12.2022

Exhibit.P-7 A TRUE COPY OF THE RELEVANT PAGES OF THE NORMS FOR THE ACCESS FOR THE FUEL STATIONS ALONG NATIONAL HIGHWAYS ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS DATED 25.09.2023

Exhibit.P-8 A TRUE COPY OF THE RELEVANT PAGES OF THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD DATED 16.08.2021