WA No.27/2020 & Conn. Cases (Common Judgment on No Objection Certificates for Petroleum Retail Outlets) - High Court of Kerala, Ernakulam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** # **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.27 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 23887/2019(I) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **JASMINE SIRAJUDEEN AGED 32 YEARS, W/O. SUDHEER BADHARUDEEN, USHAS, T.C.11/640, NANTHANCODE, KOWDIAR P. O., THIRUVANANTHAPURAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA, REPRESENTED BY THE ADDL. CHIEF SECRETAR, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 KERALA PUBLIC WORKS DEPARTMENT REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P. O., THIRUVANANTHAPURAM - 695 003. 3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM - 695 033.** _**W.A.No.27/2020 & Conn. Cases**_ 2 - **4 THE DISTRICT COLLECTOR COLLECTORATE, THIRUVANANTHAPURAM - 695 035.** - **5 BHARAT PETROLEUM CORPORATION LTD. REPRESENTED BY ITS CHIEF REGIONAL MANAGER ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P. O., KOCHI - 682 309.** **R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.P.GOPINATH (SR.) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.49/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941** ## **WA.No.49 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 26583/2019(W) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **MANOJ VALAMPARAMPAN AGED 42 YEARS, S/O.GEORGE VALAMPARAMPAN, VALAMPAAMPIL, MAROOR P.O., ELAMANNOR, PATHANAMTHITTA.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY THE ADDL. CHIEF SECRETARY KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2 KERALA PUBLIC WORKS DEPARTMENT REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.** _**W.A.No.27/2020 & Conn. Cases**_ 4 - **3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, MINI CIVIL STATION, PATHANAMTHITTA-689 645.** - **4 THE DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT, COLLECTORATE, PATHANAMTHITTA 689 645.** - **5 BHARAT PETROLEUM CORPORATION REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM COCHIN-682 309.** **R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ** **KUMAR, R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.58 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 17720/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **BIJU SUDHAKARAN AGED 47 YEARS, S/O.SUDHAKARAN, BIJU BHAVANAM, THODIYOOR NORTH, KOLLAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS/RESPONDENTS:** - **1 THE STATE OF KERALA REPRESENTED BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.** _**W.A.No.27/2020 & Conn. Cases**_ 6 - **3 THE EXECUTIVCE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691 001.** - **4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691 013.** - **5 HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O., P.B.NO.1601, COCHIN-682 018.** **R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 7 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941** ## **WA.No.69 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 24469/2019(G) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **BINAZAR AGED 46 YEARS W/O. MR. MUHAMMED KHAN, PUTHENPARAMBIL HOUSE, ERATTUPETTA P O, KOTTAYAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** **2 KERALA PUBLIC WORKS DEPARTMENT REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P O, THIRUVANANTHAPURAM-695003.** _**W.A.No.27/2020 & Conn. Cases**_ 8 - **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM-686001.** - **4 THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM-686001.** - **5 BHARATH PETROLEUM CORPORATION LTD, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P O, KOCHI-682 309.** - **ADDL** . **6 DINESH PUTHALATH, AGED 60 YEARS, S/O KUNHIRAMAN NAIR, RESIDING AT SREESATHMAM, KAVINMOOLA, MAMBRA P.O., KANNUR - 670611.** **[ADDL.R6 IMPLEADED AS PER ORDER DATED 5.3.2020]** **R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM R6 BY ADV. M.R.ANISON** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.70 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 31178/2019(V) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/S:** **SHEEBA.S AGED 37 YEARS W/O.SUNDARESAN, VETTUVILANGATHIL, PADA NORTH, KARUNAGAPPALLY, KOLLAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENT/S:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REP BY THE ADDL.CHIEF SECRETARY,**| ||**KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695001**| |**2**|**KERALA PUBLIC WORKS DEPARTMENT**| ||**REP BY THE PROJECT DIRECTOR KERALA STATE**| ||**TRANSPORT PROJECT JAGAD BUILDINGS,**| ||**KOWDIAR.P.O, THIRUVANANTHAPURAM-695003**| |**3**|**THE EXECUTIVE ENGINEER**| ||**PWD ROADS DIVISION, BEACH ROAD,**| ||**KOLLAM-691001**| _**W.A.No.27/2020 & Conn. Cases**_ 10 - **4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT COLLECTORATE, KOLLAM-691 013** - **5 BHARAT PETROLEUM CORPORATION LIMITED REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION IRIMPANAM, KOCHI-682 309** **R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 11 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.86 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 29249/2019(E) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **SHIRIL ABRAHAM KURUVILA AGED 37 YEARS, S/O. P.A. KURUVILA, PADUTHOTTU HOUSE, VENNIKULAM, THIRUVALLA, PATHANAMTHITTA.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA REP. BY THE ADDL. CHIEF SECRETARY , KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **2 KERALA PUBLIC WORKS DEPARTMENT, REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O. THIRUVANANTHAPURAM 695 003.** _**W.A.No.27/2020 & Conn. Cases**_ 12 - **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MINI CIVIL STATION, PATHANAMTHITTA 689 645.** - **4 THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT, COLLECTORATE, PATHANAMTHITTA 689 645.** - **5 BHARAT PETROLEUM CORPORATION. REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, COCHIN 682 309.** **R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ** **KUMAR, R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 13 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.87 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 33714/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **HARIDAS V.P. AGED 51 YEARS,S/O.PARAMESWARAN NAIR, SREEPADMAM, MULLASSERI PARAMBIL, KOORKAPARAMBU,THIRUVEGAPURAM, NADUVATTOM P.O., PATTAMBI, PALAKKAD.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS,KOWDIAR P.O. THIRUVANANTHAPURAM-695 003.** _**W.A.No.27/2020 & Conn. Cases**_ 14 - **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI-676 121.** - **4 THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, COLLECOTRATE, MALAPPURAM-676 505.** - **5 BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER,CALICUT TERRITORY OFFICE, 3RD FLOOR,CEEKEY TOWERS,VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011.** **R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 15 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.88 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 29043/2019(E) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **RADHAKRISHNA PILLAI AGED 60 YEARS, S/O. GOPALA PILLAI, SUMASREE, MADANTHACODE, NELLIMUKKU, KOLLAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 KERALA PUBLIC WORKS DEPARTMENT, REP.BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P O, THIRUVANANTHAPURAM-695003.** - **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691001.** _**W.A.No.27/2020 & Conn. Cases**_ 16 - **4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691 013.** - **5 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P O, THIRUVANANTHAPURAM-695008.** **R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 17 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941** ## **WA.No.89 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 28002/2019(A) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **ABY GEORGE AGED 46 YEARS, S/O. T.V. GEORGE, ABY BHAVAN, SOORNADU SOUTH, PATHARAM, KOLLAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **2 KERALA PUBLIC WORKS DEPARTMENT, REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O. THIRUVANANTHAPURAM 695 003.** - **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOLLAM 691 008.** _**W.A.No.27/2020 & Conn. Cases**_ 18 - **4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT COLLECTORATE, KOLLAM 691 008.** - **5 HINDUSTAN PETROLEUM CORPORATION LTD REP BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O. P.B. NO. 1601, COCHIN 682 018.** **R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 19 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.92 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 32468/2019(G) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **BINDU LAKSHMANAN AGED 46 YEARS, D/O.THANKARAJ, 23/2690, VATTATHRAPARAMBIL, PALLURUTHY, ERNAKULAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **RESPONDENT/RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.** _**W.A.No.27/2020 & Conn. Cases**_ 20 - **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM-695 033.** - **4 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM DISTRICT-695 035.** - **5 BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O., KOCHI-682 309.** **R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 21 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.95 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 31258/2019(F) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **PRASANNA KUMARI** **AGED 45 YEARS, W/O. CASTRO XAVIER, SANTHOSH NIVAS, TWO ROAD JUNCTION, EAST KALLADA, KOLLAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENT/RESPONDENTS:** **1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **2 KERALA PUBLIC WORKS DEPARTMENT, REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O. THIRUVANANTHAPURAM 695 003.** - **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM 691 001.** _**W.A.No.27/2020 & Conn. Cases**_ 22 - **4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM 691 013.** - **5 BHARAT PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, KOCHI 682 309.** **R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 23 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.122 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 33507/2019(K) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **NASEEF M.P AGED 31 YEARS, S/O.KUNHALI, MEETHALE PYNGOL, KALLACHI, VANIMEL, VADAKKARA, KOZHIKODE.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENT/RESPONDENTS:** **1 THE STATE OF KERALA, REP.BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 KERALA PUBLIC WORKS DEPARTMENT, REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR.P.O., THIRUVANANTHAPURAM-695003. 3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOZHIKODE-673002.** _**W.A.No.27/2020 & Conn. Cases**_ 24 - **4 THE DISTRICT COLLECTOR, KOZHIKODE DIST., COLLECTORATE, KOZHIKODE-673020.** - **5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, CALICUT TERRITORY OFFICE, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673011.** **R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 25 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** **WA.No.138 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 25937/2019(N) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANTS/PETITIONERS:** |**1**|**JUBY JACOB**| |---|---| ||**AGED 35 YEARS, W/O.BIJOY ALEX,**| ||**RESIDING AT KOPPARA PARAMBIL HOUSE,**| ||**NEERETTUPURAM KARA,**| ||**NEERETTUPURAM.P.O.,**| ||**THALAVADY VILLAGE,**| ||**KUTTANADU TALUK,**| ||**ALAPPUZHA DISTRICT.**| |**2**|**K.M.JACOB**| ||**AGED 70 YEARS, S/O.LATE MATHEW,**| ||**RESIDING AT KOPPARA PARAMBIL HOUSE,**| ||**NEERETTUPURAM KARA,**| ||**NEERETTUPURAM.P.O.,**| ||**THALAVADY VILLAGE,**| ||**KUTTANADU TALUK,**| ||**ALAPPUZHA DISTRICT.**| ||**BY ADVS.**| ||**SRI.P.HARIDAS**| ||**SRI.CHERIAN GEE VARGHESE**| ||**SRI.BIJU HARIHARAN**| ||**SRI.R.B.BALACHANDRAN**| ||**SRI.RENJI GEORGE CHERIAN**| ||**SRI.P.C.SHIJIN**| _**W.A.No.27/2020 & Conn. Cases**_ 26 ## **RESPONDENTS/RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.** - **2 DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ALAPPUZHA, PIN-688001.** - **3 ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA, PIN-688001.** - **4 EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROADS DIVISION, ALAPPUZHA, PIN-688001.** - **5 M/S.BHARAT PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS TERRITORY MANAGER (RETAIL), ERNAKULAM TERRITORY (RETAIL) OFFICE, IRIMPANAM INSTALLATION, IRIMPANAM, COCHIN, PIN-682309. R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. MR. M GOPIKRISHNAN NAMBIAR (B/O)R-5 R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 27 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.154 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 33968/2019(U) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/S:** **SHERIN NOWSHAD AGED 36 YEARS, W/O. NOUSHAD, JAFFER ALI, K/NO.392, VELLANTHARA, KOLLENGODE 1, PALAKKAD** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **RESPONDENT/S:** **1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 KERALA PUBLIC WORKS DEPARTMENT, REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003** _**W.A.No.27/2020 & Conn. Cases**_ 28 - **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD-678 001** - **4 THE DISTRICT COLLECTOR, PALAKKAD DIST. COLLECTORATE, PALAKKAD-678 013** - **5 HINDUSTAN PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGION, ELATHUR, KOZHIKODE-673 303** **R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 29 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.155 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 32471/2019(H) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **ABDUL MAJEED AGED 42 YEARS, S/O. ISMAIL HAJI, VADAKKE THODI HOUSE, KADUNGALLUR, KONDOTTY, MALAPPURAM** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **RESPONDENT/S:** **1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001** **2 KERALA PUBLIC WORKS DEPARTMENT, REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003** _**W.A.No.27/2020 & Conn. Cases**_ 30 - **3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, MALAPPURAM-676 505** - **THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOZHIKODE-673 002** - **4 THE DISTRICT COLLECTOR, COLECTORATE, MALAPPURAM DIST-676 505** - **THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT COLECTORATE, KOZHIKODE-673 020** ***[Address of R3 and R4 are corrected as per order dated 24.8.2020 in I.A. No.2/2020 in W.A.155/2020]** **5 NAYARA ENGERY LIMITED REP BY ITS CHIEF REGIONAL MANGER, 6B, 6TH FLOOR, NOEL FOCUS SEAPORT-AIRPORT ROAD, CHITTETHUKARA, CSEZ P.O., KOCHI-682 037** **R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 31 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.157 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 29052/2019(F) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **MUHAMMED ALI AGED 31 YEARS, S/O. SOURYATH, VENGASSERY, KALATHIL HOUSE, CHEERAKUZHY, KIZHAKKANCHERY P O, PALAKKAD.** **BY ADV. SRI.R.SUNIL KUMAR** ## **RESPONDENTS/RESPONDENTS:** - **1 THE STATE OF KERALA REP.BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR PO, THIRUVANANTHAPURAM-695003.** - **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD-678001.** _**W.A.No.27/2020 & Conn. Cases**_ 32 - **4 THE DISTRICT COLLECTOR, PALAKKAD DISTRICT, COLLECTORATE, PALAKKAD-678013.** - **5 INDIA OIL CORPORATION LTD REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPPILLY NAGAR P O, KOCHI-682036. R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 33 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.159 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 33712/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **MUHAMMED BASID P.K., AGED 26 YEARS S/O.ABDURAHMAN P.K., POOLAKKAL KARATTUCHALI, KUZHIMANNUR P.O., MALAPPURAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA, REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **2 KERALA PUBLIC WORKS DEPARTMENT, REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003.** _**W.A.No.27/2020 & Conn. Cases**_ 34 - **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOZHIKODE - 673 002.** - **4 THE DISTRICT COLLECTOR, KOZHIKODE DIST., COLLECTORATE, KOZHIKODE - 673 020.** - **5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT - 673 011.** **R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 35 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.170 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 26157/2019(T) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **SIJU MON P.M AGED 45 YEARS, S/O MADHAVAN, PAZHAYIDATH MULLAPUZHACHAL P.O.ENANALLOOR MUVATTUPUZHA** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA REP BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2 KERALA PUBLIC WORKS DEPARTMENT REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT , JAGAD BUILDINGS, KOWDIAR P.O. THIRUVANANTHAPURAM-695 003.** _**W.A.No.27/2020 & Conn. Cases**_ 36 **3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM-686 001. 4 THE DISTRICT COLLECTOR, KOTTAYAM DIST, COLLECTORATE, KOTTAYAM-686 001. 5 BHARAT PETROLEUM CORPORATION LTD, REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O.KOCHI-682 309. R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 37 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.172 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 33937/2019(N)OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **JOBEL BABU, AGED 26 YEARS PONMANKAL HOUSE, THELLAKOM P.O., KOTTAYAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA, REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 KERALA PUBLIC WORKS DEPARTMENT, REP.BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003. 3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM - 686 001.** _**W.A.No.27/2020 & Conn. Cases**_ 38 - **4 THE DISTRICT COLLECTOR, KOTTAYAM DIST., COLLECTORATE, KOTTAYAM - 686 001.** - **5 INDIAN OIL CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM - 695 008.** **R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 39 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.173 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 26114/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **SHIBU S.S., AGED 43 YEARS S/O. R. SURENDRAN, SREEVATSAM, KATIHAKUZHY, KUMMALLOOR P O, KOLLAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **RESPONDENTS/RESPONDENTS:** **1 THE STATE OF KERALA, REPRESENTED BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** **2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P O, THIRUVANANTHAPURAM-695003.** _**W.A.No.27/2020 & Conn. Cases**_ 40 - **3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691001.** - **4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691013.** - **5 INDIAN OIL CORPORATION LIMITED, REP.BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P O, THIRUVANANTHAPURAM-695008.** **R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 41 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.183 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 28853/2019(F) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **DELVIN BENNY AGED 24 YEARS, S/O. BENNY MATHEW, OODUVELIL HOUSE, MANJAPRA P.O., VADAKKENCHERY, PALAKKAD.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENT/RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY TEH ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 KERALA PUBLIC WORKS DEPARTMENT REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003. 3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, PALAKKAD-678 001.** _**W.A.No.27/2020 & Conn. Cases**_ 42 - **4 THE DISTRICT COLLECTOR PALAKKAD DISTRICT, COLLECTORATE, PALAKKAD-678 013.** - **5 INDIAN OIL CORPORATIONLTD. REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPPILLY NAGAR P.O., KOCHI-682036.** **R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R5 BY ADV. ADV. M.GOPIKRISHNAN NMBIAR (B/O) R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 43 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.256 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 25180/2019(V) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **VRINDA VIJAYAN AGED 31 YEARS D/O. VIJAYAN ARAM VALLEY, 6/217 DIWADKAR BUILDING, SIR BHALCHANDRA ROAD, BEHIND RUIA COLLEGE, NEXT TO COLONY, NURSING HOME, MATUNGA, MUMBAI 400 019** **BY ADV. SRI.JOHNSON GOMEZ** ## **RESPONDENTS/RESPONDENTS:** - **1 THE DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE RD, THAVAKKARA, KANNUR, KERALA 670 002** - **2 THE ADDITIONAL DISTRICT MAGISTRATE KANNUR, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE RD, THAVAKKARA, KANNUR, KERALA 670 002** _**W.A.No.27/2020 & Conn. Cases**_ 44 - **3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES) PUBLIC OFFICE BUILDING, LMS, VELLALYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA 695 033** - **4 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI 400 051 R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 45 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** **WA.No.266 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 25992/2019(Y) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **BEENA P.N. AGED 55 YEARS W/O. LATE K.RAVIKUMR, VADAKKEKEERUVELIYIL, SANATHANAPURAM P.O., KALARCODE, ALAPPUZHA-688 003** **BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA)** ## **RESPONDENTS/RESPONDENTS:** - **1 THE DISTRICT COLLECTOR KOTTAYAM, KERALA STATE-686 002** - **2 THE TERRITORY MANAGER (RETAIL), BHARAT PETROLEUM CORPORATION LIMITED, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM P.O., ERNAKULAM-682 039** - **3 EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM-686 001** _**W.A.No.27/2020 & Conn. Cases**_ 46 **4 CHIEF ENGINEER, PWD ROAD DIVISION, THIRUVANANTHAPURAM-695 033** **R1,3 &4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O) R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R2 BY ADV. SRI.K.JOHN MATHAI R2 BY ADV. SRI.KURYAN THOMAS R2 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 47 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.296 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 25403/2019(A) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **SUNEESH A.K. AGED 38 YEARS S/O.PADMANABHAN PULUKOOL, PADMALAYAM, KANHIRANGAD P.O., TALIPARAMBA TALUK, KANNUR DIST.-670142.** **BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA)** ## **RESPONDENT/RESPONODENTS:** - **1 THE DISTRICT MAGISTRATE OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE RD., THAVAKKARA, KANNUR, KERALA-670002.** - **2 THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE RD., THAVAKKARA, KANNUR, KERALA-670002.** _**W.A.No.27/2020 & Conn. Cases**_ 48 - **3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES), PUBLIC OFFICE BUILDING, LMS, VELLALYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033.** - **4 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI-400051.** **R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.JOSON MANAVALAN R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 49 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.326 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 23644/2019(E) OF HIGH COURT OF KERALA DATED 19.12.2019** ## **APPELLANT/PETITIONER:** **BINU P G AGED 42 YEARS, S/O.LATE P R GOPINATH, T.C.8/1119-3, PLANKUDY, MITHRI NAGAR, VALIYAVILA, THIRUMALA, THIRUVANANTHAPURAM-695006** **BY ADVS. SRI.S.BIJU (KIZHAKKANELA) SRI.JOHNSON GOMEZ** ## **RESPONDENTS/RESPONDENTS:** **1 THE DISTRICT MAGISTRATE OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686001** **2 THE ADDITIONAL DISTRICT MAGISTRATE KOTTAYAM OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686001** _**W.A.No.27/2020 & Conn. Cases**_ 50 - **3 THE CHIEF ENGINEER PWD(ROADS AND BRIDGES) PUBLIC OFFICE BUILDING, LMS, VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033** **4 INDIAN OIL CORPORATION LIMITED REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA(EAST), MUMBAI-400051** **R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ** **KUMAR R4 BY ADV. SRI.E.K.NANDAKUMAR (SR.) R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.JOSON MANAVALAN R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 51 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941** ## **WA.No.327 OF 2020** **AGAINST THE JUDGMENT IN WP(C) 29005/2019(A) OF HIGH COURT OF KERALA** ## **APPELLANT/PETITINER:** **MOHAN.G AGED 55 YEARS S/O.K.N.GOPALAN, MANIKYAM, SASTHA NAGAR, SRA 188, PANGODE, THIRUMALA P.O., THIRUVANANTHAPURAM.** **BY ADV. SRI.SANJAY JOHNSON** ## **RESPONDENTS/RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REP. BY THE ADDITIONAL CHIEF SECRETARY,**| ||**KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**2**|**KERALA PUBLIC WORKS DEPARTMENT,**| ||**REP. BY THE PROJECT DIRECTOR,**| ||**KERALA STATE TRANSPORT PROJECT,**| ||**JAGAD BUILDINGS, KOWDIAR P.O.,**| ||**THIRUVANANTHAPURAM-695003.**| |**3**|**THE EXECUTIVE ENGINEER**| ||**PWD (ROADS AND BRIDGES),**| ||**BEACH ROAD, KOLLAM-691001.**| _**W.A.No.27/2020 & Conn. Cases**_ 52 - **4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691013.** **5 HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O., P.B.NO.1601, COCHIN-682018.** **R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ** **KUMAR R4 BY ADV. SRI.E.K.NANDAKUMAR (SR.) R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.JOSON MANAVALAN R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.27/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**W.A.No.27/2020 & Conn. Cases**_ 53 ## **JUDGMENT** **WA.27/2020, WA.49/2020, WA.58/2020, WA.69/2020, WA.70/2020, WA.86/2020, WA.87/2020, WA.88/2020, WA.89/2020, WA.92/2020, WA.95/2020, WA.122/2020, WA.138/2020, WA.154/2020,WA.155/2020,WA.157/2020, WA.159/2020, WA.170/2020,WA.172/2020,WA.173/2020, WA.183/2020, WA.256/2020,WA.266/2020,WA.296/2020, WA.326/2020, WA.327/2020 -----------------------------------------------** Dated this the 5[th] day of March, 2020 ## S. Manikumar, CJ All these appeals arise out of dismissal of writ petitions filed seeking No Objection Certificates for starting petroleum retail outlets. Common judgment has been passed mainly placing reliance on IRC guidelines for access, location and layout of roadside fuel stations and service stations prescribed by Indian Roads Congress (IRC). ## 2. Facts in brief are as follows: For obtaining licence for establishing petroleum retail outlets, No Objection Certificate of the District Authority under Rule 144 of the Petroleum Rules, 2002, framed under the Petroleum Act, 1934 is a mandatory prerequisite. The issue involved is whether NOC for establishing petroleum outlets could be denied on the ground that the _**W.A.No.27/2020 & Conn. Cases**_ 54 proposed site for the retail outlet is not conforming to the Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations prescribed by Indian Roads Congress and the Norms for access for Fuel Stations, Service Stations and Rest Areas along National Highways prescribed by the Ministry of Road Transport and Highways (MORTH Norms). Writ court found that these batch of cases comprise of different categories. One category of cases deals with petitions, in which dealers selected by the oil marketing companies are seeking orders directing the District Authorities under the Rules to consider the applications preferred for No Objection Certificates in respect of their outlets without insisting compliance of IRC Guidelines and MORTH Norms. The next category of cases are similar to the first category, in which the petitioners could secure interim orders from the writ court, directing consideration of the applications for No Objection Certificates, without insisting compliance of IRC Guidelines and MORTH Norms, subject to the outcome of the writ petitions. Rest of the cases in the batch are similar to the second category, in which the petitioners could secure No Objection Certificates provisionally on the strength of interim orders passed by this Court. 3. After considering the rival submissions and upon perusal of the materials on record, writ court dismissed the writ petitions subject to the observations made in paragraph 21 of the judgment. In paragraph 21 of _**W.A.No.27/2020 & Conn. Cases**_ 55 ## the judgment, writ court observed thus: “21. Coming to the applicability of MORTH Norms, as noted, the case of the State is not consistent. In one counter affidavit, the stand taken is that it applies only to the fuel stations along the National Highways and in the other, the stand taken is that it applies to all roads in the State. When a specific question was put in this regard, the learned Government Pleader was unable to give a satisfactory answer as regards the said inconsistency. The learned Government Pleader was also unable to give a satisfactory answer as regards the doubt expressed by the court as to the applicability of the guidelines issued by the Ministry of Road Transport and Highways, Government of India for the roads in the State other than National Highways, over which the said Ministry has no control. The learned Government Pleader was also unable to explain why the MORTH Norms were not made part of the PWD Manual while the IRC Guidelines have been incorporated into the PWD Manual. Ext.P4 communication in W.P.(C) No.29807 of 2016, issued by the Ministry of Road Transport and Highways, Government of India indicates beyond doubt that MORTH Norms are intended to be applied only for establishment of fuel stations, private properties, rest area complexes and such other facilities along the National Highways. In the absence of any other materials, I am inclined to hold that MORTH Norms were not intended to apply to fuel stations along roads other than National Highways. If that be so, rejection of applications for No-objection certificates in respect of petroleum outlets other than those proposed to be established along the National Highways based on the said guidelines which are not intended to be applied for the same, would be arbitrary.” _**W.A.No.27/2020 & Conn. Cases**_ 56 4. Being aggrieved, instant writ appeals are filed inter alia on the following grounds: - i) The Indian Road Congress is only a society registered under the Societies Registration Act and has no statutory backing. It is the apex body of road sector engineers and professionals in the country. The recommendations made by the same have no statutory value nor is binding upon a statutory authority. Moreover, as per Annexure A1, the guidelines of IRC has been withdrawn. Hence adoption of the same by the State Government in the PWD Manual and restricting the appellants from starting the petroleum outlet on the basis of the IRC is without any statutory basis. - ii) The norms issued by IRC are only a guide line for access, location and layout of roadside fuel stations and service stations published by the Indian Road Congress in 2012. From the face of IRC norms itself it can be seen that the same is only recommendatory nature and has no statutory value. Hence any reliance on the same for disposal of application of NOC is illegal and application for NOC need to be considered without adhering to the above norms. - iii) The dictum laid down in Mary Ulahannan v. Union of India reported in 2011(2) KHC 792 was upheld by the Apex Court in Civil Appeal No.2784-2792/2013 by order dated 2.4.2013. Subsequently, a Division Bench of this Court in Sheena Prakash v. Union of India and Others reported in 2013 KHC 3365 upheld the dictum in Mary Ulahannan's case. The learned Single Judge _**W.A.No.27/2020 & Conn. Cases**_ 57 did not consider the above decisions. - iv) It is to be noted that as per Rule 144 of Petroleum Rules, a No Objection Certificate from PWD is not a must. Hence the 4[th] respondent is not supposed to obtain a NOC from the 2[nd ] and 3[rd] respondent. - v) The learned Single Judge relied upon Indian Oil Corporation v. Aarti Devi Dangi and Another (SLO. No.31525/2014) in holding that IRC guidelines are the norms framed in the interest of public safety. But the Single Judge failed to appreciate the fact that the above decision was rendered in a totally different circumstance wherein IRC norms were made applicable to the applicants even at the time of tender notifications. - vi) In Mukesh Yadav v. State of U.P reported in 2018 (3) ADJ 611, the Allahabad High Court held that IRC Guidelines shall not be a basis for Rule 144. The learned Single Judge set aside the said decision on the contention that the same was not decided on the basis of public safety. The Single Judge ought to have seen that the Central Government in its legislative wisdom has not found it necessary to impose any restriction or condition in the grant of retail outlets and also no restrictions can be imposed in the nature of guidelines issued by State or its authorities. 5. During the course of hearing of the above appeals, learned counsel for the appellants submitted that IRC guidelines, relied on by the State Government for grant of No Objection Certificate, have been _**W.A.No.27/2020 & Conn. Cases**_ 58 withdrawn by the Central Government by Notification No.28. Taking note of the withdrawal of IRC guidelines, on 23.1.2020, in W.A. No.86 of 2020 and connected cases, we passed the following order : “W.A. Nos. 86, 87, 88, 89, 92, & 95 of 2020 Admit. Mr. N. Manoj Kumar, learned Special Government Pleader, takes notice for respondents 1 to 4. Sri. P. Gopinatha Menon, learned Senior Counsel, takes notice for the 5[th] respondent. W.P.(C) No. 18093 of 2019 & W.A. Nos. 27, 49, 58, 69, 70, 86, 87, 88, 89, 92, & 95 of 2020 W.P.(C) No. 18093 of 2019 is filed by Kerala State SC/ST Petroleum Dealers Association seeking a direction to respondents 1, 2 and 4 to desist from permitting erection of a petroleum retail outlet in a forbidden and impermissible land belonging to the 3[rd] respondent in Sy. No. 23/1-1 of Kidangoor Village in Kottayam District on the State Highway 32 in Kidangoor-Koodalloor road, violating the Exts.P1 and P2 norms evolved by the Government of India and Ext.P3 judgment of the Hon'ble Supreme Court. Pending disposal of W.P.(C) No. 18093 of 2019, the petitioner seeks for an interim direction to the second respondent not to grant NOC to the first respondent to establish a petroleum outlet in a forbidden and impermissible land belonging to the third respondent in Sy. No. 23/1-1 of Kidangoor Village in Kottayam District on the State Highway 32 in Kidangoor-Koodalloor road. Instant writ appeals are filed challenging the judgment of the writ court which considered the inclusion of IRC guidelines and MORTH norms in the matter of considering the request for grant of 'No Objection Certificate' (NOC) as per _**W.A.No.27/2020 & Conn. Cases**_ 59 Rule 144 of the Petroleum Rules, 2002 and dismissed the writ petitions subject to the observations made in paragraph 21 of the judgment, which reads thus: “21. Coming to the applicability of MORTH Norms, as noted, the case of the State is not consistent. In one counter affidavit, the stand taken is that it applies only to the fuel stations along the National Highways and in the other, the stand taken is that it applies to all roads in the State. When a specific question was put in this regard, the learned Government Pleader was unable to give a satisfactory answer as regards the said inconsistency. The learned Government Pleader was also unable to give a satisfactory answer as regards the doubt expressed by the court as to the applicability of the guidelines issued by the Ministry of Road Transport and Highways, Government of India for the roads in the State other than National Highways, over which the said Ministry has no control. The learned Government Pleader was also unable to explain why the MORTH Norms were not made part of the PWD Manual while the IRC Guidelines have been incorporated into the PWD Manual. Ext.P4 communication in W.P.(C) No.29807 of 2016, issued by the Ministry of Road Transport and Highways, Government of India indicates beyond doubt that MORTH Norms are intended to be applied only for establishment of fuel stations, private properties, rest area complexes and such other facilities along the National Highways. In the absence of any other materials, I am inclined to hold that MORTH Norms were not intended to apply to fuel stations along roads other than National Highways. If that be so, rejection of applications for No-objection certificates in respect of petroleum outlets other than those proposed to be established along the National Highways based on the said guidelines which are not intended to be applied for the same, would be arbitrary.” Today, when the matter came up for hearing, inviting the attention of this Court to the decision of Indian Roads Congress in IRC: 12-2009 in the Notification No. 28, Mr. Sri. P. Gopinatha Menon, learned Senior counsel appearing for the Bharath Petroleum Corporation Limited, and Mr. R. Sunil Kumar, learned counsel appearing for the appellants submitted that when the guidelines issued by _**W.A.No.27/2020 & Conn. Cases**_ 60 the IRC have been withdrawn, NOCs already granted should be allowed to operate. Learned counsel appearing for the appellants submitted that the rivals claimants have filed writ petitions seeking stay of NOCs already granted. Learned Senior Government Pleader submitted that such rival claimants have no locus standi to challenge the NOC. Be that as it may, the guidelines are withdrawn by Notification No.28, relevant portion of which reads thus: “Notification No.28 Subject : Withdrawal of IRC:12-2016 “Unified Guidelines for Access Permission to Fuel Stations, Private properties, Rest Area Complexes and Such Other Facilities Along National Highways (Fourth Revision)” effective from 1[st] December, 2019) The IRC : 12-2016 “Unified Guidelines for Access Permission to Fuel Stations, Private Properties, Rest Area Complexes and such Other Facilities Along National Higways (Fourth Revision)” stands withdrawn with immediate effect.' It is ordered that NOCs already granted by the competent authority should be given effect to. In order to avoid multiplicity of proceedings and taking note of the decision in IRC: 12-2009 as per Notification No. 28 withdrawing the guidelines, we deem it fit to grant interim stay of the operation of the impugned judgment in the writ appeals and accordingly do so. Post on 27.01.2020.” Subsequently, the said order was made applicable to some other appeals also. 6. Inasmuch as IRC guidelines have been issued by an association/society registered under the Societies Registration Act, we _**W.A.No.27/2020 & Conn. Cases**_ 61 directed the State Government to respond to the grounds made in the writ appeals. Reverting, Mr. N. Manoj Kumar, learned Special Government Pleader submitted that Government have issued GO.(MS) No.16/2020/PWD dated 10.2.2020, and framed guidelines for ensuring safety of roads and traffic and Norms and specifications have also been framed. For brevity, G.O. (M.S) No.16/2020/PWD dated 10.2.2020 is extracted : ## “GOVERNMENT OF KERALA ## Abstract Public Works Department-ensuring safety of Roads and traffic Guidelines-orders issued. ----------------------------------------------------------------------------------------- PUBLIC WORKS (H) DEPARTMENT G.O.(M.S)No.16/2020/PWD Dated,Thiruvananthapuram, 10.2.2020 ----------------------------------------------------------------------------------------- Read 1. G.O. (M.S) No.46/2019/PWD dated 22.10.2020 2. Letter No.CE/Roads/PLG/16382 dated 06.02.2020 from Chief Engineer, PWD (Roads) ## O R D E R As per the GO read as 1[st] paper above, sanction was accorded for including IRC 12-2016 in the PWD Manual (Revised 2012) as appendix along with the other codes mentioned in the Manual. The IRC 12-2016 “Unified Guidelines for access permission to fuel station” has been withdrawn as per the notification No.28, effective from 1[st] December, 2019 by the Government of India. 2. The Chief Engineer, PWD (Roads), as per the letter read as 2[nd] paper above has requested to issue necessary guidelines and specifications for ensuring the safety of the roads and traffic _**W.A.No.27/2020 & Conn. Cases**_ 62 and stipulated norms for the same purpose on roads of PWD. 3. Government has examined the matter in detail and are pleased to approve the stipulated norms and specifications appended herewith for ensuring the safety of roads and traffic in Kerala. 4. The G.O. Read as 1[st] paper above stands cancelled. 5. Necessary amendments will be made in the PWD Manual accordingly. (By order of the Governor) ANAND SINGH SECRETARY” 7. Mr. M. GopiKrishnan Nambiar, learned standing counsel for Bharat Petroleum Corporation and Mr. N. Manoj Kumamr, learned Special Government Pleader for the State submitted that Government have incorporated IRC norms in the PWD Manual. G.O.(M.S) No.16/2020/PWD dated 10.2.2020 has been issued subsequent to the disposal of writ petitions. IRC guidelines for road safety has been withdrawn on 1.12.2019. Had the of withdrawal of IRC guidelines been brought to the notice of the writ court, this common judgment dismissing the writ petitions for not satisfying IRC guidelines would not have been passed. 8. Pursuant to the interim directions granted in the writ petitions, some of the appellants have been issued with No Objection Certificates. Subsequently, writ petitions have been dismissed. Though interim order merges with the final judgment, correctness of the said judgment is _**W.A.No.27/2020 & Conn. Cases**_ 63 carried on in the instant appeals and judgment is reversed, the litigant is entitled to be protected and entitled to the benefits arising out of the interim order. Thus, we are of the view that the writ petitioners/appellants, who have obtained No Objection Certificate from competent authority shall continue with the the benefits of the interim order. We are not expressing anything on those applications which are rejected or still pending with the competent authority. Common judgment in W.P(C). No.29005 of 2019 and connected cases dated 19.12.2019 is set aside. All the writ appeals are allowed, as indicated above. Sd/S. Manikumar, Chief Justice Sd/- Shaji P. Chaly, Judge sou. _**W.A.No.27/2020 & Conn. Cases**_ 64 ## APPENDIX OF WA 138/2020 ## **PETITIONER'S EXHIBITS:** **ANNEXURE 1 TRUE COPY OF THE DOCUMENT CONTAINING THE NOTIFICATION NO.8 WITHDRAWING THE IRC.12-2016 DATED 13.11.2019.** **ANNEXURE 2 TRUE COPY OF THE OFFICE MEMORANDUM NO.B-13011/1/2019-20/AQM DATED 7.1.2020 OF CENTRAL POLLUTION CONTROL BOARD.** _**W.A.No.27/2020 & Conn. Cases**_ 65 ## APPENDIX OF WA 256/2020 ## **PETITIONER'S EXHIBITS:** **ANNEXURE A1 A TRUE COPY OF THE INTERIM ORDER DATED 23/09/2019 IN WP(C) NO. 25180/2019 ANNEXURE A2 A TRUE COPY OF THE NOC DATED 07/11/2019 ISSUED BY THE 1ST RESPONDENT.** _**W.A.No.27/2020 & Conn. Cases**_ 66 ## APPENDIX OF WA 296/2020 ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 A TRUE COPY OF THE INTERIM ORDER DATED 24.09.2019 IN WP(C) NO.25403/2019. ANNEXURE A2 A TRUE COPY OF THE NOC DATED 06.11.2019 ISSUED BY THE 1ST RESPONDENT.** _**W.A.No.27/2020 & Conn. Cases**_ 67 ## APPENDIX OF WA 326/2020 ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1** **A TRUE COPY OF THE INTERIM ORDER DATED 04.09.2019 IN WP(C)NO.23644/2019**