Kerala High Court
Yousuf T vs State Of Kerala on 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 27653 OF 2019
PETITIONER/S:
YOUSUF T
AGED 44 YEARS
S/O. KUNJABDULLA, KURIKKALKANDY HOUSE, CHENGAROTH P.O.,
PERUVANNAMUZHI (VIA), KOZHIKODE - 673 528
BY ADVS.
PHILIP T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
SMT.K.R.MONISHA
SMT.SHRUTHI SARA JACOB
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARY, THIRUVANANTHAPURAM - 695 001
2 THE DISTRICT COLLECTOR KOZHIKODE, CIVIL STATION,
ERANHIPALAM, KOZHIKODE - 673 020
3 THE ADDITIONAL DISTRICT MAGISTRATE KOZHIKODE, CIVIL
STATION, ERANHIPALAM, KOZHIKODE - 673 020
4 KERALA STATE HUMAN RIGHTS COMMISSION
REPRESENTED BY ITS SECRETARY, TURBO PLUS TOWERS, PMA
JUNCTION, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM - 695 033
5 ADDL.R5.RAZAK T.,
KOOTHALI P.O., PERAMBRA VIA, KOZHIKODE, 673525
6 ADDL.R6.MOOSA KOROTH
KOOTHALI P.O., PERAMBRA VIA, KOZHIKODE, 673525
WP(C) NO. 27653 OF 2019
-2-
7 ADDL.R7.EBRAHIM E.P.,
KOOTHALI P.O., PERAMBRA VIA, KOZHIKODE, 673525
8 ADDL.R8.AMMAD T.
KOOTHALI P.O., PERAMBRA VIA, KOZHIKODE, 673525
9 ADDL.R9.SHAMEENA K.,
KOOTHALI P.O., PERAMBRA VIA, KOZHIKODE, 673525
ADDL. RESPONDENTS 5 TO 9 ARE IMPLEADED AS PER ORDER
DATED 18.10.2019 IN I.A. NO.1 OF 2019
BY ADVS.
TEK CHAND, SENIOR GOVERNMENT PLEADER
DEEPU LAL MOHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27653 OF 2019
-3-
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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W.P.(C).No.27653 OF 2019
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Dated this the 3rd day of February, 2023
JUDGMENT
K.Vinod Chandran, J
The challenge in the above writ petition is against a final order of the
Human Rights Commission, directing that the grant of a No Objection Certificate
issued under Rule 144 of the Petroleum Rules, be kept in abeyance, since the No
Objection Certificate from the Ground Water Department has not been received.
It is submitted by all parties that subsequently, the petitioner received clearance
from the Ground Water Department and the grant has been implemented by
establishing a petroleum outlet and the same is functioning as of now.
In such circumstances, with a direction that Ext.P4 has no effect as of now,
the writ petition would stand disposed of.
Sd/-
K.VINOD CHANDRAN,
JUDGE
Sd/-
C. JAYACHANDRAN
JUDGE
uu/03.02.2023
WP(C) NO. 27653 OF 2019
APPENDIX OF WP(C) 27653/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF LETTER OF INTENT ISSUED BY
BHARAT PETROLEUM CORPORATION LIMITED TO THE
PETITIONER DATED 30.07.2015
EXHIBIT P2 TRUE COPY OF NO OBJECTION CERTIFICATE BEARING
NO.DCKKD/529/2017-D4 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P3 TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED
BY THE KERALA STATE POLLUTION CONTROL BOARD
DATED 29.08.2019
EXHIBIT P4 TRUE COPY OF ORDER PASSED BY THE KERALA STATE
HUMAN RIGHTS COMMISSION IN HRMP NO.2767/2017
DATED 18.06.2019
RESPONDENT EXHIBITS
Exhibit R5 A THE PHOTOCOPY OF REPORT BEARING
NO.DCKKD/529/2017-D4 DATED 12/11/2018 FILED
BY THE 2ND RESPONDENT BEFORE THE 4TH
RESPONDENT IN H.R.M.P NO.2767/2017 ALONG WITH
ITS ENGLISH TRANSLATION.
Exhibit R 5 B THE PHOTOCOPY OF COVERING LETTER DATED
12/9/2015 SUBMITTED BY TEH MANAGER (RETAIL)
OF THE CALICUT TERRITORY OFFICE, BHARAT
PETROLEUM CORPORATION LIMITED BEFORE THE 2ND
RESPONDENT.
Exhibit R5 C THE PHOTOCOPY OF LETTER NO.D4-44410/15 DATED
SEPTEMBER 2015 ISSUED BY THE 3RD RESPONDENT
TO THE DISTRICT POLICE CHIEF, KOZHIKODE
RURAL.
Exhibit R5 D THE PHOTOCOPY OF LETTER NO.D4-44410/15 DATED
SEPTEMBER 2015 ISSUED BY THE 3RD RESPONDENT
TO THE EXECUTIVE ENGINEER, PWD ROADS
DIVISION, KOZHIKODE
Exhibit R5 E THE PHOTOCOPY OF LETTER NO.D4-44410/15 DATED
SEPTEMBER 2015 ISSUED BY THE 3RD RESPONDENT
WP(C) NO. 27653 OF 2019
TO THE TAHSILDAR, KOYILANDY.
Exhibit R5 F THE PHOTOCOPY OF LETTER NO.D4-44410/15 DATED
SEPTEMBER 2015 ISSUED BY THE 3RD RESPONDENT
TO THE DISTRICT POLICE CHIEF, KOZHIKODE
RURAL.
Exhibit R5 G THE PHOTOCOPY OF LETTER NO.D1-13990/15 DATED
01/06/2019, SUBMITTED BY THE TAHSILDAR,
KOYILANDY BEFORE THE 2ND RESPONDENTT ALONG
THE VILLAGE SKETCH OF THE PROPOSED LOCATION
AND ITS ENGLISH TRANSLATION.
Exhibit R5H THE PHOTOCOPY OF LETTER NO.D2-50825/15 DR
DATED 31/8/2016 ISSUED BY THE DISTRICT POLICE
CHIEF, KOZHIKODE RURAL TO THE 2ND RESPONDENT
ALONG WITH ITS ENGLISH TRANSLATION.
Exhibit R5I THE PHOTOCOPY OF LETTER NO.A5/2788/2015 DATED
19/9/2016 ISSUED BY THE EXECUTIVE ENGINEER,
KERALA PUBLIC WORKS DEPARTMENT, ROADS
DIVISION, KOZHIKODE TO THE 2ND RESPONDENT.
Exhibit R5 J THE PHOTOCOPY OF LETTER NO.293/16 DATED
1/12/2016 ISSUED BY THE VILLAGE OFFICER,
KOOTHALI TO THE 2ND RESPONDENT ALONG WITH
TOPO SKETCH OF THE PROPOSED SITE ALONG WITH
ITS ENGLISH TRANSLATION.
Exhibit R5K THE PHOTOCOPY OF COVERING LETTER DATED
5/1/2017 SUBMITTED BY THE MAGAGER (RETAIL) OF
THE CALICUT TERRITORY OFFICE, BHARAT
PETROLEUM CORPORATION LIMITED BEFORE THE 2ND
RESPONDENT.
Exhibit R5L THE PHOTOCOPY OF REPORT BEARING
NO.DCKKD/529/2017-D4 DATED 30/3/2019
SUBMITTED BY THE 2ND RESPONDENT BEFORE THE
4TH RESPONDENT COMMISSION IN H.R.M.P
NO.2767/2017 ALONG WITH ITS ENGLISH
TRANSLATION.
Exhibit R5 M THE PHOTOCOPY OF APPLICATION DATED 23/12/2019
SUBMITTED BY THE ADDITIONAL 5TH RESPONDENT
BEFORE THE PUBLIC INFORMATION OFFICER,
CALICUT TERRITORY OFFICE, BHARAT PETROLEUM
CORPORATION LIMITED ALONG WITH ITS ENGLISH
WP(C) NO. 27653 OF 2019
TRANSLATION.
Exhibit R5 N THE PHOTOCOPY OF LETTER NO.BPCLD/R/P/20/00167
DATED 04/02/2020 ISSUED BY THE BHARAT
PETROLEUM CORPORATION LIMITED TO THE
ADDITIONAL 5TH RESPONDENT.
Exhibit R5 O THE TRUE COPY OF LETTER NO.G.W/K.K.D/T-
857/2019 DATED 1/7/2019 ISSUED BY THE
DISTRICT OFFICER, GROUND WATER DEPARTMENT,
KOZHIKODE TO SHRI.NASAR ALONG WITH ITS
ENGLISH TRANSLATION.
Exhibit R5 P THE PHOTOCOPY OF LETTER NO.G.W/K.K.D/T-
857/2019 DATED 4/11/2019 ISSUED BY THE
DISTRICT OFFICER, GROUND WATER DEPARTMENT,
KOZHIKODE TO THE 2ND RESPONDENT ALONG WITH
ITS ENGLISH TRANSLATION.
