Kerala High Court
Sri. Jashim.P vs The District Collector on 4 February, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:8923
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 4TH DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946
WP(C) NO. 35240 OF 2024
PETITIONER:
SRI. JASHIM.P,
AGED 35 YEARS
S/O.MUHAMMED ASHRAF,
RESIDING AT PARITHIKUNNAN HOUSE,
NIRAMARUTHOOR P.O. TIRUR TALUK, PIN - ., PIN -
676109
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
HARIKRISHNAN S.
SACHIN JACOB AMBAT
ANNA LINDA EDEN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, MALAPPURAM PIN -, PIN - 676505
2 THE ADDITIONAL DISTRICT MAGISTRATE,
DISTRICT COLLECTORATE,
CIVIL STATION, MALAPPURAM -, PIN - 676505
3 THE DIVISIONAL RETAIL HEAD,
INDIAN OIL CORPORATION LTD.KOZHIKODE DIVISIONAL
OFFICE,2ND FLOOR, PMK TOWER, CIVIL STATION POST,
KOZHIKODE PIN -, PIN - 673020
2025:KER:8923
WP(C). No.35240 of 2024 2
4 ADDL.R4: HUSSAIN,
S/O. MOIDEEN HAJI, MUNDOTHIYIL HOUSE, POOKKAYIL
P.O., TIRUR, MALAPPURAM DISTRICT, PIN - 676107;
ADDL.R4 IS IMPLEADED AS PER ORDER DATED 07.11.2024
IN I.A.1/2024 IN WP(C)35240/2024
BY ADVS.
GOPIKRISHNAN NAMBIAR M
C.M.MOHAMMED IQUABAL
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
NAYANPALLY RAMOLA(K/687-F/2014)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:8923
WP(C). No.35240 of 2024 3
Dated this the 4th day of February, 2025
JUDGMENT
The learned Senior Counsel appearing for the
petitioner submits that the writ petition may be
dismissed as withdrawn in view of the fact that the first
respondent has recalled the stop memo as per the order
dated 21.01.2025.
Recording the above submission, the writ petition
is dismissed as withdrawn.
Sd/-
C.S.DIAS, JUDGE
mtk/ 04.02.25
2025:KER:8923
APPENDIX OF WP(C) 35240/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF COMMUNICATION DATED 20-10-
2023 OF THE 3RD RESPONDENT TO THE
PETITIONER
EXHIBIT P2 TRUE COPY OF LETTER DATED 02-12-2023 OF
THE 3RD RESPONDENT TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF CERTIFICATE DATED 30-12-2023
ISSUED BY THE KERALA POLICE CERTIFYING
THAT THE PETITIONER IS NOT INVOLVED IN
ANY CRIMINAL OFFENCES TO THE PETITIONER
EXHIBIT P4 TRUE COPY OF CERTIFICATE DATED 29-12-2023
ISSUED BY THE TIRUR MUNICIPALITY TO THE
PETITIONER
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 18-01-2024
ISSUED BY THE TALUK SUPPLY OFFICER, TIRUR
ADDRESSED TO THE DISTRICT SUPPLY OFFICER,
MALAPPURAM
EXHIBIT P6 TRUE COPY OF NO OBJECTION CERTIFICATE
DATED 25-01-2024 ISSUED BY THE FIRE &
RESCUE SERVICES, MALAPPURAM TO THE
PETITIONER
EXHIBIT P7 TRUE COPY OF CERTIFICATE DATED 06-09-2024
ISSUED BY THE TIRUR MUNICIPALITY
EXHIBIT P8 TRUE COPY OF LETTER DATED 30-03-2024
ISSUED BY THE EXECUTIVE ENGINEER, PWD
ROADS DIVISION TO THE ADDITIONAL DISTRICT
MAGISTRATE, MALAPPURAM
EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS DATED 14-05-
2024 OF THE 2ND RESPONDENT
EXHIBIT P10 TRUE COPY OF NOC DATED 14-05-2024 OF THE
2ND RESPONDENT DOWNLOADED FROM ITS PORTAL
EXHIBIT P11 TRUE COPY OF LICENSE DATED 27-09-2024
2025:KER:8923
ISSUED BY THE DEPUTY CONTROLLER OF
EXPLOSIVES , PETROLEUM AND EXPLOSIVES
SAFETY ORGANISATION (PESO)
EXHIBIT P12 TRUE COPY OF ORDER
NO.LSGD/JD/MPM/4022/2024-PLG1 DATED 12-
06-2024 OF THE DISTRICT TOWN PLANNER
EXHIBIT P13 TRUE COPY OF BUILDING PERMIT DATED 04-07-
2024 ISSUED BY THE TIRUR MUNICIPALITY TO
THE PETITIONER
EXHIBIT P14 TRUE COPY OF EMAIL DATED 03-10-2024 OF
THE 3RD RESPONDENT
EXHIBIT P15 TRUE COPY OF SCANNED COPY OF THE LETTER
DATED 01-10-2024 ISSUED BY THE 1ST
RESPONDENT TO THE 3RD RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R4(A) THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 4TH RESPONDENT AND
OTHERS BEFORE THE 1ST RESPONDENT DATED
18.12.2023
EXHIBIT R4(B) THE TRUE COPY OF THE REPORT OF THE TIRUR
VILLAGE OFFICER DATED 06.02.2024
EXHIBIT R4(C) THE TRUE COPY OF THE COMPLAINT FILED BY
MR. SREEDHARAN, S/O. GOVINDAN NAIR BEFORE
THE COMMISSIONER FOR PROTECTION OF CHILD
RIGHTS DATED 20.09.2024
EXHIBIT R4(D) THE MASS PETITION FILED BEFORE THE
HON'BLE CHIEF MINISTER DATED NIL
EXHIBIT R4(E) THE TRUE COPY OF THE COMPLAINT FILED BY
THE PTA PRESIDENT, AMLP SCHOOL, POOKKAYIL
BAZAR BEFORE THE PESO DATED 05.10.2024
EXHIBIT R4(F) THE TRUE COPY OF THE COMPLAINT FILED BY
THE PTA PRESIDENT, AMLP SCHOOL, POOKKAYIL
BAZAR BEFORE THE 1ST RESPONDENT DATED
05.10.2024
2025:KER:8923
EXHIBIT R4(G) THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 19.09.2024
EXHIBIT R4(H) THE TRUE COPY OF THE CIRCULAR ISSUED BY
THE KERALA STATE POLLUTION CONTROL BOARD
DATED 24.02.2020
EXHIBIT R4(I) THE TRUE COPY OF THE MODIFIED DIRECTIONS
ISSUED BY CENTRAL POLLUTION CONTROL BOARD
DATED 07.03.2016
EXHIBIT R4(J) THE TRUE COPY OF THE DISTANCE CRITERIA OF
VARIOUS INDUSTRIES AND UNITS ISSUED BY
KERALA STATE POLLUTION CONTROL BOARD AS
ON 02.03.2023
EXHIBIT R4(K) THE TRUE COPY OF THE GUIDELINES FOR
SETTING UP OF NEW PETROL PUMPS ISSUED BY
CENTRAL POLLUTION CONTROL BOARD ALONG
WITH OFFICE MEMORANDUM DATED 07.01.2020
