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High Court of KeralaSingle JudgePetition disposed; directions issued to complet...

K. Vijayakumaran Nair and Sheeja Kumari v. The District Collector, Thiruvananthapuram; The Tahsildar, Nedumangad; The Executive Engineer (Roads), PWD, PMG Junction, Thiruvananthapuram; The Superintendent of Police (Rural), Kuravankonam, Thiruvananthapuram; The Divisional Officer, Fire & Rescue Service Department, Thiruvananthapuram; Hindustan Petroleum Corporation; Senior Manager (Sales), Hindustan Petroleum Corporation, Inn Appartments, Kuravankonam, Kawdiar P.O. Thiruvananthapuram

Case / Petition Number:WP(C).No. 2538 of 2006(B)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • S. Siri Jagan
Judgment Date
2007-07-16
Court Decision / Holding
The writ petition is disposed of. Respondents 2 (Tahsildar) and 3 (Executive Engineer, Roads) are directed to complete the proceedings initiated by them, expeditiously, but in any case within two months from the date of receipt of a copy of this judgment. The proceedings shall be conducted in accordance with the Kerala Land Conservancy Act and Rules. Further contentions of the petitioner(s) are left open.
Final Disposition
Petition disposed; directions issued to complete proceedings within two months under Kerala Land Conservancy Act and Rules.

Parties to the Case

Appellants / Petitioners

  • K. Vijayakumaran Nair
  • Sheeja Kumari

Respondents

  • The District Collector, Thiruvananthapuram
  • The Tahsildar, Nedumangad
  • The Executive Engineer (Roads), PWD, PMG Junction, Thiruvananthapuram
  • The Superintendent of Police (Rural), Kuravankonam, Thiruvananthapuram
  • The Divisional Officer, Fire & Rescue Service Department, Thiruvananthapuram
  • The Hindustan Petroleum Corporation
  • The Senior Manager (Sales), Hindustan Petroleum Corporation, Inn Apparatments, Kuravankonam, Kawdiar P.O. Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • George Poonthottam
  • • V. Giri
  • • A. M. Shaffique
  • • E. K. Nandakumar
  • • A. K. Jayasankar Nambiaar
  • • S. Benjamin Paul (Government Pleader)

Case Synopsis & Summary

This writ petition challenges the establishment of a petroleum outlet by Hindustan Petroleum Corporation (HPCL) at Vellanad, Thiruvananthapuram, on puramboke (public) land. The petitioners contend that the proposed outlet encroaches upon road puramboke and that any grant of a no-objection certificate (NOC) must be anchored in compliance with norms for fuel-station siting. They urge adherence to Exts. P4 and P5 respectively: Ext. P4 is the IRC’s recommended practice for location and lay-out of roadside fuel filling stations and Ext. P5 comprises relevant correspondence; the petition seeks mandamus to ensure that revenue and road authorities consider these norms before granting NOC and to prevent unauthorized construction by respondents 6 to 8. The respondents counter that after the NOC was issued, encroachment was detected on road puramboke by the eighth respondent; a stop memo and demolition notice were issued, and Tahsildar’s enquiry demarcated boundaries showing encroachment during construction. The court disposes the matter by directing the Tahsildar and District Collector to complete proceedings within two months under the Kerala Land Conservancy Act and Rules, with further contentions left open.

Provisions of Law Cited

Kerala Land Conservancy Act and RulesExplosives Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that HPCL's proposed outlet on puramboke land at Vellanad must comply with norms for roadside fuel facilities. They rely on Exts.P4 and P5 (IRC guidelines and related correspondence) to argue that grant of NOC should not bypass the prescribed siting norms, including safety, land-use and public access. The petition prays for mandamus to ensure that revenue and PWD officials follow these norms before granting the NOC and that any unauthorized construction by respondents 6–8 be removed, with action under the Kerala Land Conservancy Act. The reliefs also seek corrective measures to secure public interest and ensure enforcement of the law against encroachment.

Contentions of Respondents

The respondents counter that after issuing the NOC, it was found that there is encroachment into road puramboke by the eighth respondent during construction. A stop memo and a demolition notice were issued. Tahsildar conducted an enquiry; boundaries were demarcated, revealing encroachment. Despite notices, the eighth respondent did not vacate. The respondents submit that proceedings must proceed under the Kerala Land Conservancy Act and Rules to address encroachment, and they request expeditious completion of these proceedings (within two months).

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE S.SIRI JAGAN** **MONDAY, THE 16TH JULY 2007 / 25TH ASHADHA 1929** **WP(C).No. 2538 of 2006(B)** **-------------------------------------** **PETITIONER:** - **-------------------** **K.VIJAYAKUMARAN NAIR, “SREESAILAM”, MELONCODE, VALIYARA, VELLANAD P.O. THIRUVANANTHAPURAM.** **BY ADV. SRI.GEORGE POONTHOTTAM.** **RESPONDENTS:** - **------------------------** **1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.** **2. THE TAHSILDAR, NEDUMANGAD.** **3. THE EXECUTIVE ENGINEER (ROADS), PWD. P.M.G.JUNCTION, THIRUVANANTHAPURAM.** **4. THE SUPERINTENDENT OF POLICE (RURAL), KURAVANKONAM, THIRUVANANTHAPURAM.** **5. THE DIVISIONAL OFFICER, FIRE & RESCUE SERVICE DEPARTMENT, THIRUVANANTHAPURAM.** **6. THE HINDUSTAN PETROLEUM CORPORATION, REPRESENTED BY THE SENIOR MANAGER, TATAPURAM ROAD, ERNAKULAM.** **7. THE SENIOR MANAGER (SALES), HINDUSTAN PETROLEUM CORPORATION, INNU APPARTMENTS, KURAVANKONAM, KAWDIAR P.O. THIRUVANANTHAPURAM.** ## **W.P.(C). NO.2538/2006:** **8. SHEEJA KUMARI, B.V.NIVAS, VELLANAD, THIRUVANANTHAPURAM DISTRICT.** **BY ADV. SRI.V.GIRI,** **SRI.A.M.SHAFFIQUE, SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, GOVERNMENT PLEADER SRI. BENJAMIN PAUL.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C). NO.2538/2006:** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** ## **EXT.P.1: COPY OF THE LETTER GIVEN TO THE PETITIONER DTD. 03/08/05.** **EXT.P.2: COPY OF THE LETTER DTD. 27/06/2005 GIVEN TO THE DISTRICT COLLECTOR, TRIVANDRUM.** **EXT.P.3: COPY OF THE NOC NO. A17.48543/05 DTD. 22/10/2005.** **EXT.P.4: COPY OF THE RECOMMENDED PRACTICE FOR LOCATION AND LAY OUT OF ROADSIDE MOTOR FUEL FILLING AND MOTOR FUEL FILLING CUM SERVICE STATIONS PUBLISHED BY IRC.** **EXT.P.5: COPY OF THE LETTER NO. RW/NH-33023/19/99-DO-III DTD. 25/09/2003.** ## **RESPONDENT'S EXHIBITS:** ## **EXT.R6.A: COPY OF THE NOTIFICATION DTD. 25/11/2003.** **EXT.R6.B: COPY OF THE LETTER OF INTENT DTD. 29/06/2005.** **EXT.R6.C: COPY OF THE NO OBJECTION CERTIFICATE DTD. 15/05/2006 OBTAINED FROM THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.** **EXT.R6.D: COPY OF THE NO-OBJECTION CERTIFICATE DTD. 02/06/2006 ISSUED BY THE APPROPRIATE AUTHORITY UNDER THE EXPLOSIVE ACT.** **EXT.R8.A: COPY OF THE NOTIFICATION ISSUED BY HINDUSTAN PETROLEUM CORPORATION DT. 25/11/2003 IN MALAYALA MANORAMA DAILY.** **EXT.R8.B: COPY OF THE COMMUNICATION SENT BY THE SENIOR REGIONAL MANAGER OF HINDUSTAN PETROLEUM CORPORATION DTD. 13/07/2004.** **EXT.R8.C: COPY OF THE LETTER OF INTENT ISSUED BY THE HINDUSTAN PETROLEUM CORPORATION DTD. 29/06/2005.** **EXT.R8.D: COPY OF THE APPLICATION OF THE HINDUSTAN PETROLEUM CORPORATION WITH RELEVANT DOCUMENT DTD. 06/10/2005.** ## **W.P.(C). NO.2538/2006:** **EXT.R8.E: COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR TO DISTRICT COLLECTOR DT. 11/11/2005 ALONG WITH CHECK LIST AND PROFORMA REPORT FOR GRANTING EXPLOSIVE LICENSES IN FORM 23 AND 24, SKETCH AND THANDAPER ACCOUNT OF THE LAND.** **EXT.R8.F: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE EXECUTIVE ENGINEER, PWD DTD. 06/01/2006.** **EXT.R8.G: COPY OF THE NOTIFICATION ISSUED BY THE BHARATH PETROLEUM CORPORATION DTD. 07/05/2005.** **EXT.R8.H: COPY OF THE NORMS FOR THE ACCESS OF FUEL STATIONS, SERVICE STATIONS AND REST AREAS ALONG NATIONAL HIGHWAYS ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS.** **prv.** **//TRUE COPY//** ## **S. SIRI JAGAN, J. -----------------------------------WP(C) NO. 2538 OF 2006 - B ------------------------------------Dated this the 16th day of July, 2007** ## **J U D G M E N T** The petitioner has filed this writ petition alleging that respondents 6 to 8 have established a petroleum outlet in a property part of which is a puramboke land. The petitioner therefore seeks the following reliefs:- “i. Issue a writ in the nature of mandamus directing respondents 1 to 5 not to ignore the requirements provided in Exts.P4 and P5 while granting the NOC pursuant to the requisition of respondents 6 and 7 for opening a new outlet at Vellanad in Thiruvananthapuram District. ii. Issue a writ of mandamus directing respondents 6 and 7 to follow the norms provided in Exts.P4 and P5 before proceeding further with the work leading to the opening of a retain outlet at Vellanad in the land offered by the 8[th] respondent at Vellanad village of Thiruvananthapuram District. iii. Issue a writ declaring that the revenue and PWD officials are obliged to take further action for the removal of the unauthorized construction in the puramboku land by respondents 6 to 8 and inaction in this regard would **WP(C) NO. 2538 of 2006** ## **:-2-:** constitute failure to perform their duties as public servants. iv) Issue a writ in the nature of mandamus directing respondents 1 to 4 to take all effective action for the removal of unauthorized construction by respondents 6 to 8 in the puramboku land as found on measurement of the area by the revenue and PWD authorities. v. Issue such other order or direction, as this Court may deem fit and proper in the interest of justice.” 2. Respondents 1 to 4 have filed a counter affidavit in which it has been stated that after issuing No Objection Certificate for establishment of petroleum outlet, the third respondent noticed that there is encroachment into the road puramboke by the eighth respondent while constructing the outlet. It is further stated in the counter affidavit that on receipt of information about the encroachment, a stop memo has been issued to the eighth respondent and a notice to demolish the unauthorised structures also has been issued to the eighth respondent. The Tahsildar has already conducted an enquiry and the boundaries were ## **WP(C) NO. 2538 of 2006** ## **:-3-:** demarcated and it was found that there was clear encroachment into road puramboke during construction by the eighth respondent. It is stated in the counter affidavit that in spite of notice issued by the third respondent, the eighth respondent has not taken steps to vacate the encroached portion. 3. In the above circumstances, respondents 2 and 3 are directed to complete the proceedings initiated by them as stated in the counter affidavit of respondents 1 to 4 as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. Further contentions of the petitioner in the writ petition are left open. The proceedings shall be in accordance with the Kerala Land Conservancy Act and Rules. The writ petition is disposed of as above. Mbs/ ## **S. SIRI JAGAN, Judge** ## **WP(C) NO. 2538 of 2006** **:-4-:** **S.SIRI JAGAN, J** ------------------------------------ ## **WP(C) NO. 2538 of 2006** ## **:-5-:** W.P.(C) NO. OF 2001 -----------------------------------J U D G M E N T DATED:01-06-2007 ## **WP(C) NO. 2538 of 2006** **:-6-:**