Kerala High Court
Subhash. R vs Government Of India on 1 February, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.2673/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE G.GIRISH
Thursday, the 1st day of February 2024 / 12th Magha, 1945
WP(C) NO. 2673 OF 2024
PETITIONERS:
1. SUBHASH. R, AGED 44 YEARS , S/O.RAMACHANDRAN NAIR,KAITHAKKUNNATHU
HOUSE, ERATHU VADAKKU , PATTAZHY P.O., KOLLAM, PIN - 691522
2. A.R. ARUN, AGED 44 YEARS , S/O. RAVEENDRAN NAIR,ASHA BHAVAN, ERATHU
VADAKKU ,PATTAZHY P.O., KOLLAM, PIN - 691522
RESPONDENTS:
1. GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT,MINISTRY OF COMMERCE AND INDUSTRY,PETROLEUM AND
EXPLOSIVES SAFETY ORGANIZATION,A7D WING, BLOCK 1-8, 2ND FLOOR,
SASTHRI BHAVAN, NEW DELHI, PIN - 110001
2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT,DEPARTMENT OF REVENUE(DEVASWOM) ,KERALA GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3. LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, MUSEUM
ROAD,OPPOSITE ZOO, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN -
695033
4. DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION ROAD, KAANKATHU
MUKKU, KOLLAM, KERALA, PIN - 691013
5. ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, KANKATHU MUKKU,
KOLLAM, PIN - 691013
6. VILLAGE OFFICER, VILLAGE OFFICE, PATTAZHY,PATTAZHY P.O., KOLLAM, PIN
- 691522
7. ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT,OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER ,ROADS SUB DIVISION PUNALUR, KOLLAM,
PIN - 691305
8. ASSISTANT EXECUTIVE ENGINEER, KERALA ROAD FUND BOARD,3RD FLOOR,
SUNRISE AVENUE,KADAPPAKKADA P.O.,KOLLAM, PIN - 691008
9. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, USHUS BUILDING,BIG BAZAR, KOLLAM-691 001, PIN -
691001
10. DEPUTY CONTROLLER OFFICE OF THE DEPUTY CONTROLLER, LEGAL METROLOGY
DEPARTMENT, FLYING SQUAD LEGAL METROLOGY BHAVAN, RAILWAY STATION RD,
KARBALA KOLLAM, PIN - 691001
11. DEPUTY SUPERINTENDENT OF POLICE, KOLLAM RURAL ADMINISTRATION,
KOTTARAKARA KOLLAM, PIN - 691531
12. STATION HOUSE OFFICER, POLICE STATION , MARKET ROAD,KUNNIKODE,
KOLLAM, PIN - 691508
13. REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM,
PIN - 695001
14. TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS,
WP(C) No.2673/2024 2/4
NANTHANCODE, KAWDIAR P.O THIRUVANANTHAPURAM ,REPRESENTED BY ITS
SECRETARY, PIN - 695003
15. PATTAZHY GRAMA PANCHAYATH, GRAMA PANCHAYATH OFFICE, PATTAZHY ,KOLLAM
REPRESENTED BY ITS SECRETARY, PIN - 691522
16. PATTAZHY KSHETHRA UPADESHAKA SAMITHI, PATTAZHY DEVI TEMPLE, PATTAZHY
P.O.,KOLLAM REPRESENTED BY ITS SECRETARY, PIN - 691522
17. M/S. NAYARA ENERGY LIMITED, INFRA FUTURA BUILDING, 602,6TH FLOOR,
OPP.BHARATHA, KAKKANAD, THRIKKAKARA, ERNAKULAM REPRESENTED BY ITS
AUTHORISED OFFICER. , PIN - 682021
18. MANJU RAHIM, AGED 41 YEARS, W/O. RAHIM,CHARUVILA PUTHEN VEEDU,
VALACODE P.O., PUNALUR, KOLLAM - 691 331 , NOW RESIDING AT MATHYOTTU
HOUSE, ERATHUVADAKKU, PATTAZHY, KOLLAM, PROPRIETRESS OF MATHIYOTTU
FUELS. , PIN - 691522
19. RAHIM, AGED 43 YEARS, S/O. JALALUDEEN, CHARUVILA PUTHEN
VEEDU, VALACODE P.O., PUNALUR, KOLLAMNOW RESIDING AT MATHYOTTU
HOUSE, ERATHUVADAKKU, PATTAZHY, KOLLAM, PIN - 691522, PIN - 691331
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to restrain respondents 17 to 19 from establishing the proposed A-
B Class Petroleum retail outlet in the land comprised in Resurvey Number
419/17-2 in Pattazhy village;pending disposal of this writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SMT. RESMI A, Advocate for the petitioners and of SRI. SANTHOSH KUMAR G,
Advocate for R14, the court passed the following:
WP(C) No.2673/2024 3/4
ANIL K. NARENDRAN & G. GIRISH, JJ.
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W.P.(C)No.2673 of 2024
--------------------------------------------------------
Dated this the 1st day of February, 2024
ORDER
Anil K. Narendran, J.
The learned counsel for the petitioners seek time to address
arguments on the question of maintainability of this writ petition
insofar as the challenge made against Ext.P48 No Objection
Certificate is concerned, which was on record as Ext.P6 in
W.P.(C)No.24300 of 2021, disposed of by the judgment dated
23.03.2022.
2. The learned counsel for the petitioners would submit
that a hearing by the concerned Environmental Engineer of the 9th
respondent Kerala State Pollution Control Board is scheduled to be
held on 06.02.2024.
3. The learned Standing Counsel for Pollution Control
Board seeks time to get instructions.
4. The learned counsel for the petitioners to serve a copy
of this writ petition to the respective counsel, who appeared for
respondents 17 to 19 in the previous round of litigations before
this Court.
List on 05.02.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
G. GIRISH, JUDGE
ded
01-02-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 2673/2024
Exhibit.P- 48 A TRUE COPY OF NO OBJECTION CERTIFICATE DATED
16.07.2021 ISSUED BY 5TH RESPONDENT TO 17TH RESPONDENT
01-02-2024 /True Copy/ Assistant Registrar
