Naseema vs The State Of Kerala
2024 Latest Caselaw 15037 Ker

Kerala High Court

Naseema vs The State Of Kerala on 4 June, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                       WP(C) NO. 18237 OF 2024
PETITIONER(S):

            NASEEMA
            AGED 33 YEARS
            W/O GAFOOR, CHATHAN KANDY - AVADUKKA, CHANGAROTH
            PERUVVANNAMUZHI, KOZHIKODE, PIN - 673528
            BY ADVS.
            R.SUNIL KUMAR
            A.SALINI LAL
            ARUN KRISHNA
            JINU P. BINU


RESPONDENT(S):

    1       THE STATE OF KERALA
            REP BY THE ADDL. CHIEF SECRETARY KERALA PUBLIC WORKS
            DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM,
            PIN - 695001
    2       KERALA PUBLIC WORKS DEPARTMENT
            REP BY THE PROJECT DIRECTOR KERALA STATE TRANSPORT
            PROJECT JAGAD BUILDINGS, KOWDIAR P.O - RESPONDENTS
            THIRUVANANTHAPURAM, PIN - 695003
    3       THE EXECUTIVE ENGINEER
            PWD ROADS DIVISION KOZHIKODE-, PIN - 673002
    4       THE DISTRICT COLLECTOR,
            COLLECTORATE, CIVIL STATION KOZHIKODE, PIN - 673020
    5       HINDUSTAN PETROLEUM CORPORATION LIMITED
            REP BY ITS DIVISIONAL MANAGER KOZHIKODE RETAIL REGIONAL
            OFFICE WESTHILL CHUNGAM, KOZHIKODE, PIN - 673005
OTHER PRESENT:

            SMT. VIDYA KURIAKOSE. GP. SRI. M. GOPIKRISHNAN NAMBIAR.
            SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W. P. (C). No.18237 of 2024           2


                           T.R. RAVI, J.
                -----------------------------------
                    W. P. (C). No.18237 of 2024
               --------------------------------------
                Dated this the 4th day of June, 2024

                                JUDGMENT

The Writ Petition has been filed for a direction to the 4 th

respondent to issue 'No Objection Certificate' to the 5 th respondent

without insisting to comply with the norms in Exbt.P-4 and P-5

Government Orders which have already been set aside in the common

judgment in several Writ Petitions as evidenced by Ext.P6. The

petitioner has submitted the application in February 2024, and already 3

months are over. The Government Pleader on instructions submits that

reports have been called for from the concerned departments and they

are still awaited.

2. In such circumstances, this Writ Petition disposed of directing

the 4th respondent to consider and pass orders on the application for

NOC submitted by the 5th respondent in accordance with Ext.P6

judgment at the earliest, at any rate within 3 weeks from the date of a

receipt of a copy of this judgment.

Sd/-

T.R.RAVI, JUDGE mus

APPENDIX OF WP(C) 18237/2024

PETITIONER EXHIBITS Exhibit P1 COPY OF THE LETTER OF INTENT DATED 15/1/2024 Exhibit P2 COPY OF THE APPLICATION FOR NO OBJECTION CERTIFICATE DATED 13/2/24 Exhibit P3 COPY OF THE G.O (M.S) NO: 46/2019/PWD DATED 22/10/2019 Exhibit P4 COPY OF THE G.O (MS) NO: 16/2020/PWD DATED 10/2/20 Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF G.O (M.S) NO: 67/2020/PWD DATED 16/10/2020 Exhibit P6 COPY OF THE JUDGMENT OF W.P(C) NO: 5973/2021 DATED 12/8/2021