V. K. Suresh Babu vs The District Collector
2023 Latest Caselaw 12557 Ker

Kerala High Court

V. K. Suresh Babu vs The District Collector on 22 November, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                       WP(C) NO. 38868 OF 2023


PETITIONER:

          V. K. SURESH BABU, AGED 52 YEARS, PROPRIETOR OF
          M/S. SUNIL FUELS, S/O. ARAMUKAN, SUNIL NIVAS,
          KARASSERY P.O., MUKKAM, KOZHIKODE, PIN - 673602

          BY ADVS.
          LEO LUKOSE
          ENOCH DAVID SIMON JOEL
          S.SREEDEV
          RONY JOSE
          KAROL MATHEWS SEBASTIAN ALENCHERRY
          DERICK MATHAI SAJI
          KARAN SCARIA ABRAHAM


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, KOZHIKODE COLLECTORATE,
          CIVIL STATION P.O, KOZHIKODE, PIN - 673020

    2     THE DIVISIONAL RETAIL HEAD, INDIAN OIL CORPORATION
          LTD., KOZHIKODE DIVISION OFFICE, IIND FLOOR, PMK
          TOWERS, P.O. CIVIL STATION, KOZHIKODE, PIN - 673020


          SRI SUNIL K KURIAKOSE-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 38868/23
                                            2

                                JUDGMENT

The limited plea of the petitioner in this Writ Petition, as

voiced by his learned counsel - Sri.Leo Lukose, is that the 1 st

respondent - District Collector be directed to take up Ext.P2

application preferred by the 2nd respondent - Indian Oil Corporation

on his behalf and to dispose of the same, within a time frame to be

fixed by this Court.

2. In response, Sri.Sunil Kumar Kuriakose - learned

Government Pleader, submitted that if the petitioner only requires

Ext.P2 - if it is still pending before the 1 st respondent - to be taken

up and disposed of in terms of law, there does not appear to be any

legal impediment in doing so; but prayed that this Court may not

make any affirmative declarations on his entitlement to any relief

and leave it to the competent Authority to take a final decision as

per law.

3. Sri.M.Gopikrishnan Nambiar - learned Standing Counsel

for the 2nd respondent, affirmed that Ext.P2 application was

preferred by his client on behalf of the petitioner and therefore, that

they also support him in the afore plea.

In the afore circumstances, I allow this Writ Petition and

direct the 1st respondent - District Collector, to take up Ext.P2

application preferred by the 2nd respondent and to dispose of the

same, after affording them, as also the petitioner an opportunity of

being heard; thus culminating in an appropriate order and necessary

action thereon, as expeditiously as is possible, but not later than

two months from the date of receipt of a copy of this judgment.

Needless to say, if the petitioner is to be awarded with a

'NOC' by the 1st respondent, the 2nd respondent will take necessary

action as per law, without any avoidable delay thereafter.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE



                 APPENDIX OF WP(C) 38868/2023

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE APPLICATION DATED
                    04.01.2023 SUBMITTED BEFORE THE 2ND
                    RESPONDENT.
Exhibit P2          TRUE COPY OF THE LETTER DATED 11.10.2023

SUBMITTED BEFORE THE 1ST RESPONDENT BY THE 2ND RESPONDENT.