Kerala High Court
Sreeraj N vs The State Of Kerala on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 27187 OF 2021
PETITIONERS:
1 SREERAJ N,
AGED 46 YEARS
S/O.DHARMARAJ,
NARAMANGALI HOUSE, ANNASSERY P.O.,
THALAKALATHOOR, KOZHIKODE DISTRICT,
PIN-673 317
2 SURABI S.,
AGED 40 YEARS
S/O. SUGUNAN,
'KRISHANJALI' HOUSE, KONGANOOR P.O., ATHOLI,
KOZHIKODE DISTRICT,PIN-673 315
BY ADVS.P.J.MATHEW
EBIN MATHEW
AKHILA SHOJI
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 THE DISTRICT COLLECTOR KOZHIKODE,
COLLECTORATE, CIVIL STATION P.O.
KOZHIKODE, PIN-673 020
3 EXECUTIVE ENGINEER,
PWD (ROADS), CIVIL STATION,
CIVIL STATION P.O., KOZHIKODE, PIN-673 020
4 THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY CHIEF ENVIRONMENTAL ENGINEER,
PATTOM P.O.,
THIRUVANANTHAPURAM-695 004
5 THE SENIOR ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE OF KERALA POLLUTION CONTROL
BOARD, KOZHIKODE,
DISTRICT OFFICE, 3RD FLOOR,
ZAMORINS SQUARE, LINK ROAD,
KOZHIKODE-673 002
W.P.(C.) No. 27187/2021 2
6 REGIONAL FIRE OFFICER,
FIRE AND RESCUE SERVICES,
REGIONAL FIRE OFFICE,
KOZHIKODE-673 018
7 THE ADDITIONAL DISTRICT MAGISTRATE - VADAKARA,
OLD BUS STAND VADAKARA,
PUTHIYAPPU, VADAKARA,
KOZHIKODE, PIN-673 101
8 TAHASILDAR,
QUAILANDY,
TALUK OFFICE, MINI CIVIL STATION, KOYILANDY,
KOZHIKODE,PIN-673 305
9 DISTRICT POLICE CHIEF,
KOZHIKODE RURAL,
VADAKARA, KERALA-673 101
10 ATHOLI GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
ATHOLI GRAMA PANCHAYAT OFFICE, ATHOLI,
KOZHIKODE,PIN-673 315
11 MUSTAFA,
S/O. HAMEED, KANTAKALI HOUSE,
KONGANOOR.P.O.,
ATHOLI VIA,
KOZHIKODE DISTRICT,PIN-673 315
12 ABDUL NAZIR M.P
MOTHAPPALLY, KALPENI DEEPU,
LAKSHADEEP ISLANDS,PIN-682 557
R1 TO R3, R6 TO R9 BY SMT. DEEPA NARAYANAN,
SENIOR GOVERNMENT PLEADER
R12 BY ADVS. SRI. R.SUNIL KUMAR
BY SMT. A.SALINI LAL
R4 & R5 BY SRI. NAVEEN T., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C.) No. 27187/2021 3
JUDGMENT
This writ petition is filed by the petitioners seeking the
following reliefs:-
"i. To call for the entire records that lead to the passing of
Ext.P6 and P8 and quash the same by the issuance of a
writ of certiorari or by any other writ, direction or
order;
ii. To issue a writ of mandamus restraining the
respondents 1 to 10 from issuing NOC/Permit to start a
petroleum outlet in RS No. 93/8B of Atholli Village,
Koyilandi Thaluk;
iii. To issue a writ of mandamus commanding the 8th
respondent to remove encroachments made by the 11 th
respondent."
2. Petitioners are the residents of Atholi Grama
Panchayat. The grievance of the petitioners is that in the
guise of a lease executed by the 11th respondent in favour
of the 12th respondent, the 12th respondent has encroached
into a public property and has put up installations for
conducting a retail petroleum outlet of Mangalore Refineries
and Petrochemicals Limited. The sum and substance of the
contention advanced by the petitioners is that before a No
Objection Certificate (NOC) is issued by the Additional
District Magistrate under Rule 144 of the Petroleum Rules,
2002, petitioners shall be provided with an opportunity of
hearing. It is further pointed out that the 11 th and 12th
respondents have no manner of right to carry out any
construction encroaching into a public property.
3. Anyhow, today when the matter was taken up,
learned Government Pleader has produced an NOC issued
by the Additional District Magistrate, Kozhikode, dated
13.12.2021 under Rule 144 of the Petroleum Rules, 2002.
Therefore, in effect the relief sought for by the petitioners
not to grant NOC without hearing the petitioners has
virtually become infructuous.
In that view of the matter, after hearing learned
counsel for the petitioners, Sri. Ebin Mathew and learned
Senior Government Pleader, Smt. Deepa Narayanan,
learned counsel for the 12th respondent, Sri. R. Sunil
Kumar and learned Standing Counsel for the Kerala State
Pollution Control Board, Sri. Naveen T., the writ petition is
disposed of recording the above aspects. If the petitioners
are aggrieved by the NOC issued by the Additional District
Magistrate, it is for the petitioners to work out the remedies
appropriately. The contentions raised in the writ petition
are all left open.
Sd/-
SHAJI P. CHALY
JUDGE
DCS/31.03.2023
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPORT DATED
28.04.2021 ISSUED BY THE 8TH RESPONDENT
TO THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE REPORT OF THE 9TH
RESPONDENT TO THE 2ND RESPONDENT DATED
13.04.2021
EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED
UNDER RTI ACT DATED 05.11.2021
EXHIBIT P4 TRUE COPY OF THE REPLY TO EXHIBIT P3
ISSUED BY THE PUBLIC INFORMATION
OFFICER, PWD KOZHIKODE DATED 09.11.2021
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
11.1.2021 SUBMITTED BY MST LEELAVATHI P
NARANGALITHAZHAM
EXHIBIT P6 TRUE COPY OF THE LETTER DATED
12.07.2021 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P7 TRUE COPY OF THE GUIDELINES ISSUED BY
THE CENTRAL POLLUTION CONTROL BOARD
EXHIBIT P8 TRUE COPY OF THE CIRCULAR ISSUED BY THE
4THR RESPONDENT DATED 24.02.2020
EXHIBIT P9 TRUE COPY OF THE NOC ISSUED BY THE 6TH
RESPONDENT
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED
24.08.2021 SUBMITTED BY THE 1ST
PETITIONER TO THE 2ND RESPONDENT
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION FILED
BY AZAD AN BEFORE THE 10TH RESPONDENT
FATED 28.10.2021
RESPONDENT'S EXHIBITS
EXHIBIT R12 A COPY OF THE LETTER ISSUED BY THE
VILLAGE OFFICER DATED 26/11/2021
EXHIBIT R12 B COPY OF THE REPORT ALONG WITH THE PLAN
OF THE TALUK SURVEYOR DATED 30/12/2021
EXHIBIT R12 C COPY OF THE PLAINT IN O.S.64/2021
EXHIBIT R12 D COPY OF THE CONSENT LETTER ISSUED BY
SANTHOSH KUMAR DATED 11/10/2019
EXHIBIT R12 E COPY OF THE POSSESSION CERTIFICATE
DATED 30/12/2021
