High Court of KeralaSingle JudgeDismissal of WP(C) No. 2330/2018; dismissal of ...

WP(C) No. 2330 of 2018 & connected cases: M.K.KUMARAN (through legal heir Vasanthakumari V.S.) and M/S PANMARAM PETROLEUM v District Magistrate (District Collector), Wayanad; Additional District Magistrate, Wayanad; Bharat Petroleum Corporation Ltd.; Panamaram Grama Panchayat; The Geologist; The State of Kerala (represented by its Chief Secretary) and others

Case / Petition Number:WP(C) No. 2330 of 2018

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2021-09-08
Court Decision / Holding
WP(C) No.2330/2018 is dismissed. WP(C) Nos.2661/2021 and 3569/2021 are disposed of with the following directions: (i) The 1st respondent-Panchayat in WP3569/2021 shall consider and process the application for Building Permit submitted by respondents 4 or 5 (petitioners in WP3569/2021) and pass orders thereon within four weeks, in accordance with law; (ii) If the 4th respondent needs to transport ordinary earth/red earth for filling up/heightening the land, the same shall be done only after obtaining Mineral Transport Passes from the jurisdictional Geologist.
Final Disposition
Dismissal of WP(C) No. 2330/2018; dismissal of connected WP(C) Nos. 2661/2021 and 3569/2021 with directions as stated above; judgment delivered by Judge N. Nagareesh on 8 September 2021.

Parties to the Case

Appellants / Petitioners

  • M.K.KUMARAN (deceased) represented by Vasanthakumari V.S., legal heir
  • M/S PANMARAM PETROLEUM (represented by Managing Partner K.P. NASSAR)
  • JUBEESH V. and SHIHAB K. (WP(C) 2661/2021)
  • A.K. Abdul Shukkoor
  • Mini Saji

Respondents

  • The District Magistrate (District Collector), Wayanad
  • Additional District Magistrate, Wayanad
  • Bharat Petroleum Corporation Ltd. (Territory Manager)
  • Mini Saji Arattil
  • M.K. Abdul Shukkoor Elambbilatt Komath
  • State of Kerala represented by its Chief Secretary
  • Panamaram Grama Panchayat
  • The Secretary, Panamaram Grama Panchayat
  • The District Town Planner, Office of the District Town Planner
  • Geologist, Mining and Geology Department
  • Territory Manager (Retail), BPCL
  • Chief Town Planner, Thiruvananthapuram
  • The Government Pleader/State of Kerala (as applicable)

Legal Representation & Advocates

Counsels for Petitioners

  • • Santosh Mathew
  • • Arun Thomas
  • • Jennis Stephen
  • • Karthika Maria
  • • Vijay V. Paul
  • • Veena Raveendran
  • • Anil Sebastian Pulickel
  • • Divya Sara George
  • • Jaisy Elza Joe
  • • Leah Rachel Ninan
  • • Mahesh V Ramakrishnan

Counsels for Respondents

  • • Vipin Narayanan
  • • M. Gopikrishnan Nambiar
  • • Mahesh V Ramakrishnan
  • • K. John Mathai
  • • Joson Manavalarn
  • • Kuryan Thomas
  • • Pauloose C. Abraham
  • • Raja Kannan
  • • M.R. Hariraj
  • • Sridharan (as applicable)

Case Synopsis & Summary

These connected writ petitions arise from challenges to the grant of permission/NOC to establish a Petroleum Fuel Retail Outlet at Panamaram, Wayanad. The petitioners, including the legal heirs of M.K.Kumaran and Panamaram Petroleum, allege that the proposed outlet by the 4th respondent would impair the viability of their existing fuel station, and that the proposed site violates Ext.P3 Guidelines for Access, Location and Layout of Roadside Fuel Stations (Third Revision, 2009). They also point to issues of stamp duty on the lease deed (Ext.P5) and contend that the 1st petitioner belongs to a Scheduled Tribe, raising concerns about proximity and viability. The petitioners argue that norms of access to fuel stations near National Highways should apply, that there is no applicable development/building permit, and that the government’s guidelines and standards have not been properly followed. The respondents reply that the road is not a National Highway and that the relevant norms have been withdrawn or are not in force, and that the NOC was granted after due examination. A related petition WP(C) No.2661/2021 concerns building/earthwork permitted without development/building permits, while WP(C) No.3569/2021 seeks quashing of a stop order and challenges building-permit conditions. The Court ultimately dismisses WP(C) No.2330/2018 and disposes of the others with directions. The decision relies on the principle that development permits under the Kerala Panchayat Building Rules, 2019 are required primarily when land is developed by division into plots, citing Philip Thomas v. Geologist. The matter is heard by a single judge.

Provisions of Law Cited

Kerala Panchayat Building Rules, 2019 (Rules 4 and 5)Kerala Minor Mineral Concession Rules (KMMC Rules)Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations (Third Revision) 2009Indian Stamp Act (Stamp Duty)Panchayat Building Rules, 2019 (Development Permit context)

Legal Doctrines & Maxims

  • Locus standi

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the proposed fuel station by the 4th respondent would be very close to their existing station, risking their business viability. They allege Ext.P3 guidelines are violated and that the lease deed (Ext.P5) is executed on insufficient stamp paper, potentially invalidating the agreement. The 1st petitioner’s ST status heightens concerns about proximity and viability. They argue that petroleum companies must assess dealership norms and that a business rival cannot dictate terms unless statutory rules are violated. They also contend that the Norms for access along highways apply, and that building/development permits under Kerala Panchayat Building Rules 2019 may be required if development involves land division. They challenge the grant of NOC and building permits under the statutory framework and rely on locus standi to contest.

Contentions of Respondents

The respondents submitted that the road in question is not a National Highway; norms for NH-access stations do not apply, and Indian Roads Congress guidelines have been withdrawn. They stated that the District Administration examined reports and found no reason to reject the NOC. They argued that deficit stamp duty on the lease does not automatically nullify the agreement; that the lease is not the petitioners’ contract; and that the Panchayat cannot withhold a Building Permit where law requires a permit and where development plans are not involving division into plots. They also argued that Transit Passes from the Geologist may be required for earth work under KMMC Rules, but this does not bar permit processing. The 2661/2021 petitioners are urged to establish locus standi, and the 3569/2021 petitioners challenge a stop memo and building-permit condition.”},

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Philip Thomas v. Geologist2021 (5) KLT 227PositiveCited to support that a Development Permit under Rule 4/5 of the Kerala Panchayat Building Rules, 2019 is required only when land is developed by dividing land into plots.

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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 N.NAGARESH** **WEDNESDAY, THE 8[TH] DAY OF SEPTEMBER 2021/17TH BHADRA, 1943** **WP(C) NO. 2330 OF 2018** ## **PETITIONERS:** **1 M.K.KUMARAN, AGED 58 YEARS, S/O.KARIMPAN, MADOOR HOUSE, VALERY P.O., WAYANAD DISTRICT, PIN-670645.(DECEASED)** **SMT. VASANTHAKUMARI V.S., AGED 51 YEARS, W/O.LATE M.K.KUMARAN, MADOOR HOUSE, VAKERY (PO), SULTHAN BHATHERY,WAYANAD DISTRICT, -673 592** **IS IMPLEADED AS 1ST PETITIONER IN THE WRIT PETITION IN THE CAPACITY AS LEGAL HEIR OF DECEASED PETITIONER, AS PER ORDER DATED 18.03.2021 IN I.A.3/2021. 2 M/S.PANMARAM PETROLEUM, PANAMARAM P.O., WAYANAD DISTRICT, PIN-670721, REPRESENTED BY ITS PARTNER M.K.KUMARAN.** **SMT. VASANTHAKUMARI V.S., AGED 51 YEARS, W/O.LATE M.K.KUMARAN, MADOOR HOUSE, VAKERY (PO), SULTHAN BHATHERY, WAYANAD DISTRICT -673592.** **M/S PANAMARAM PETROLEUM, PANAMARAM P.O., WAYANAD DISTRICT, PIN-670721, REPRESENTED BY ITS MANAGING PARTNER, K.P.NASSAR.** **ARE SUBSTITUED AS PETITIONERS IN THE CAUSE TITLE OF THE WRIT PETITION AS PER ORDER DATED 18.03.2021 IN I.A.4/2021. BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SMT.KARTHIKA MARIA SRI.VIJAY V. PAUL SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE** WP(C) No.2330/2018 & connected cases : 2 : ## **RESPONDENTS:** - **1 THE DISTRICT MAGISTRATE (DISTRICT COLLECTOR) WAYANAD-670721.** - **2 ADDITIONAL DISTRICT MAGISTRATE, WAYANAD 670721.** - **3 THE BHARAT PETROLEUM CORPORATION LTD. REPRESENTED BY ITS TERRITORY MANAGER, KOZHIKODE-673011.** - **4 MINI SAJI ARATTIL, ARATTUTHARA, MANANTHAVADY, PIN-670645.** - **5 M.K.ABDUL SHUKKOOR ELAMMBILATT KOMATH, MATHAMANGALAM P.O., TALIPARAMBA, PIN-670306.** - **6 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY ADVS. GOVERNMENT PLEADER SRI VIPIN NARAYANAN SRI.M.GOPIKRISHNAN NAMBIAR SRI.MAHESH V RAMAKRISHNAN SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2021, ALONG WITH WP(C).2661/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.2330/2018 & connected cases : 3 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 8[TH] DAY OF SEPTEMBER 2021/17TH BHADRA, 1943 WP(C) NO. 2661 OF 2021** ## **PETITIONERS:** - **1 JUBEESH V., AGED 28 YEARS, S/O.BALAN, VARUMMAL HOUSE, EACHOME P.O., PANAMARAM, PIN-670 721.** - **2 SHIHAB.K., AGED 25 YEARS, S/O.SAIDALAVI, KOLLIYIL HOUSE, KAVIMBUMMAL, PANAMARAM P.O., WAYANAD, PIN-670 721.** **BY ADVS. SRI.SANTHOSH MATHEW SRI.JENNIS STEPHEN SRI.ANIL SEBASTIAN PULICKEL SMT.LEAH RACHEL NINAN SRI.ARUN THOMAS** ## **RESPONDENTS:** - **1 PANAMARAM GRAMA PANCHAYAT, PANAMARAM P.O., WAYANAD, PIN-670 721, REPRESENTED BY ITS SECRETARY.** - **2 THE SECRETARY, PANAMARAM GRAMA PANCHAYAT, PANAMARAM P.O., WAYANAD, PIN-670 721.** - **3 THE DISTRICT TOWN PLANNER, OFFICE OF THE DISTRICT TOWN PLANNER, KALPETTA, PIN-673 122, WAYANAD DISTRICT.** - **4 ABDUL SHUKOOR, ELAMBALILAT KOMATH HOUSE, ERAMOM AMSOM, MATHAMANGALAM DESOM, MATHAMANGALAM P.O., TALIPARAMBU TALUK, PIN-670 306, KANNUR DISTRICT.** - **5 MINI SAJI, MANANTHAVADI AMSOM, ARATTUTHARA DESOM, ARATTUTHARA P.O., MANANTHAVADY TALUK, PIN-670 645, WAYANAD DISTRICT.** WP(C) No.2330/2018 & connected cases : 4 : - **6 THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KALPETTA, PIN-673 121, WAYANAD DISTRICT.** - **7 TERRITORY MANAGER (RETAIL), BHARAT PETROLEUM CORPORATION LTD., CEEKAY TOWES, VANDIPETTA, NADAKKAVU WEST, CALICUT-673 011.** **BY ADVS. R1-2 BY SRI.M.R.HARIRAJ R4-5 BY SRI.MAHESH V RAMAKRISHNAN R7 BY SRI.M.GOPIKRISHNAN NAMBIAR R7 BY SRI.K.JOHN MATHAI R7 BY SRI.JOSON MANAVALAN R7 BY SRI.KURYAN THOMAS R7 BY SRI.PAULOSE C. ABRAHAM R7 BY SRI.RAJA KANNAN** **SRI.VIPIN NARAYANAN GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2021, ALONG WITH WP(C).3569/2021, 2330/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.2330/2018 & connected cases : 5 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 8[TH] DAY OF SEPTEMBER 2021/17TH BHADRA, 1943** **WP(C) NO. 3569 OF 2021** ## **PETITIONERS:** - **1 A.K.ABDUL SHUKKOOR, AGED 59 YEARS, S/O.IBRAHIMKUTTY, BUSINESS, RESIDING AT ALAMBILATT KOMATH HOUSE, MATHAMANGALAM P.O., KANNUR 670 306** - **2 MINI SAJI, AGED 48 YEARS, W/O.SAJI STANLY, RESIDING AT ARATTIL HOUSE, ARATTUTHARA P.O., MANANTHAWADY, WAYANAD 670 645.** ## **BY ADV MAHESH V RAMAKRISHNAN** ## **RESPONDENTS:** - **1 PANAMARAM GRAMA PANCHAYATH, REP.BY ITS SECRETARY, PANAMARAM P.O., WAYANAD 670 721.** - **2 CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, SWARAJ BHAVAN, NANTHAKODE, KOWDIAR P.O., THIRUVANANTHAPURAM 695 003.** WP(C) No.2330/2018 & connected cases : 6 : **BY ADVS. R1 BY SRI.M.R.HARIRAJ, SC R2 BY SRI. VIPIN NARAYANAN, GOVERNMENT PLEADER SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2021, ALONG WITH WP(C).2661/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.2330/2018 & connected cases : 7 : **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ ## _**Dated this the 8[th] day of September, 2021**_ [WPC.2330/2018 and 2661/2021 & 3569/2021] All these writ petitions relate to establishment of a Petroleum Fuel Retail Outlet. Hence, the writ petitions are heard together and disposed of by a common judgment. The parties and exhibits are referred to in this judgment as they are arrayed/marked in WP(C) No.2330/2018, for convenience, unless otherwise specified. 2. The petitioners in W.P.(C) No.2330/2018, who are running a Petroleum Fuel Retail Outlet (hereinafter referred to as ‘Fuel Station’ for brevity), are aggrieved by Exts.P6 and P7 NOC/Proceedings of the 2[nd] respondent-Additional District Magistrate granting permission to the 4[th] respondent to establish a Fuel Station in Panamaram Village in Wayanad District. On the demise of the 1[st] petitioner, the legal heirs have been substituted as petitioners. WP(C) No.2330/2018 & connected cases : 8 : 3. The petitioners submit that the proposed Fuel Station of the 4[th] respondent is very close to the existing Fuel Station of the petitioners. If the new Fuel Station is started, the volume of business of the petitioners would be affected adversely, threatening the very survival of their Fuel Station. The Fuel Station of the 4[th] respondent is permitted at a place violating Ext.P3 Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations (Third Revision) 2009. The Stamp Paper on which Ext.P5 lease deed has been executed by the 5[th] respondent in favour of the 4[th] respondent, violates the Stamp Act. The 1[st] petitioner belongs to a Scheduled Tribe and no new Fuel Station should have been permitted near his Fuel Station without regard to the financial viability of his Fuel Station. 4. As regards the argument of the petitioners based on possible reduction of business volume consequent to establishment of new Fuel Station in a nearby place, the same cannot be accepted since it is for the Petroleum Companies to assess the business volume expected of a Fuel Station and WP(C) No.2330/2018 & connected cases : 9 : sanction sufficient number of Dealerships according to their norms. A business rival cannot dictate terms in that regard, as long as there is no violation of any statutory rules or conditions of agreement. 5. As regards violation of the provisions of Ext.P3 Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations (Third Revision) 2009, a statement has been filed on behalf of the 2[nd] respondentAdditional District Magistrate to the effect that examining various reports received from different Departments, the District Administration could not find any reason to reject the application for NOC. As regards deficit stamp duty paid on the lease deed, the deficiency will not by itself nullify the agreement entered into by the parties thereto and the said deficiency is curable. The petitioners cannot base their case on the lease deed, to which the petitioners are not parties. 6. The 2[nd] respondent stated that the Norms for the Access to Fuel Stations, Service Stations and Rest Areas along National Highways of the Ministry of Road Transport WP(C) No.2330/2018 & connected cases : 10 : and National Highways are applicable only to the Fuel Stations established on the sides of National Highways. The road where the 4[th] respondent’s Fuel Station is coming up, is not a National Highway. It was also submitted at the Bar that the norms prescribed by the Indian Roads Congress have been subsequently withdrawn and the Government Orders/Guidelines based thereon are also not in force. In such circumstances, the reliefs prayed for in W.P.(C) No.2330/2018 are not grantable. 7. W.P.(C) No.2661/2021 has been filed by two residents of the Panamaram Village alleging that the construction of Fuel Station carried out by the 4[th] respondent is without obtaining a Development Permit and Building Permit from the Panamaram Grama Panchayat and the 4[th] respondent has no permit under the Kerala Minor Mineral Concession Rules (KMMC Rules) to do earth work. Indiscriminate filling is being carried out by the 4[th] respondent. The petitioners in W.P.(C) No.2661/2021 therefore seek to direct the respondents to restrain respondents 4 and 5 from WP(C) No.2330/2018 & connected cases : 11 : carrying out the construction activities in Survey Nos.276/2 and 276/3. A declaration is also sought that they are not entitled to reclaim the land without obtaining approval from the Geologist. 8. Respondents 4 and 5 filed a counter affidavit in W.P.(C) No.2661/2021 stating that they have obtained an NOC from the Additional District Magistrate to start the Fuel Station. An application has been submitted to the Panchayat for Building Permit and for approval of the building lay out, to construct Fuel Station. The Chief Town Planner has sanctioned building lay out as per Order dated 24.01.2020. But, the Panchayat is not issuing Building Permit due to the pendency of W.P.(C) No.2330/2018. When the 4[th] respondent installed Fuel Tank, the Panchayat issued Stop Memo. The petitioners in W.P.(C) No.2661/2021 have no _locus standi_ to file writ petition, contended respondents 4 and 5. 9. W.P.(C) No.3569/2021 has been filed by respondents 4 and 5 seeking to quash Ext.P3 Stop Memo and WP(C) No.2330/2018 & connected cases : 12 : Ext.P2 to the extent the same stipulates the condition that the grant of Building Permit to be subject to the outcome of W.P. (C) No.2330/2018. Respondents 4 and 5 would contend that since the Additional District Magistrate has granted NOC and since the Chief Town Planner has approved building lay out, the Panchayat authorities cannot delay the consideration of their application for Building Permit. 10. The Panchayat filed counter affidavit in W.P.(C) No.3569/2021. The Panchayat took a stand that the property in question lies at a depth of about 1.5 metres from the PWD Road and there is a culvert from the PWD Road to the property. If there is permit from all departments concerned for construction of the Pump without violation of the Rules, the Panchayat has no objection. Respondents 4 and 5 have not applied for development permit, contended the Panchayat. 11. The stand of the Panchayat is that the Chief Town Planner has made a condition for approval of lay out plan that the Building Permit should be issued subject to W.P.(C) No.2330/2018. There should be approval from all WP(C) No.2330/2018 & connected cases : 13 : Departments concerned and that respondents 4 and 5 have not applied for Development Permit. As regards the condition of the Chief Town Planner, there is no prohibition in the condition that the Panchayat shall not process or issue Building Permit. The condition is that the Building Permit shall be issued subject to W.P.(C) No.2330/2018. Therefore, the processing and disposal of Building Permit application cannot be withheld on that ground. 12. As regards approval from all Departments, the Additional District Magistrate has granted NOC after obtaining reports from the Government Departments concerned. The Panchayat cannot abstain from considering a Building Permit application, which is a statutory power to be exercised by the Panchayat authorities, on the specious plea that if there is permit from all Departments concerned, the Panchayat has no objection. The Panchayat authorities are bound to exercise their statutory licensing power in accordance with law. 13. As regards the stand of the Panchayat that respondents 4 and 5 have not applied for Development WP(C) No.2330/2018 & connected cases : 14 : Permit, this Court has held in _**Philip Thomas v. Geologist** [2021 (5) KLT 227]_ that a Development Permit under Rule 4 or 5 of the Kerala Panchayat Building Rules, 2019 is required only when there is development of land by dividing land into plots. In this case, no one has a case that respondents 4 or 5 intends to divide land into plots. However, respondents 4 and 5 may require Transit Passes from the Geologist, issued under the KMMC Rules if he/they intend to transport ordinary/red earth for filling up/ heightening the land. But, that cannot be a reason for the Panchayat not to process an application for Building Permit. 14. In the facts and circumstances of the case, W.P.(C) No.2330/2018 is dismissed. W.P.(C) Nos.2661 and 3569 of 2021 are disposed of with the following orders/directions: (i) The 1[st] respondent-Panchayat in W.P.(C) No.3569/2021 shall consider and process the application for Building Permit submitted by respondents 4 or 5 (petitioners in W.P.(C) No.3569/2021) and pass orders thereon within a period of four weeks, in accordance with law; WP(C) No.2330/2018 & connected cases : 15 : (ii) If the 4[th] respondent needs to transport ordinary earth / red earth for the purpose of filling up / heightening the land in question by transporting ordinary earth / red earth, for the purpose of establishing the Fuel Station, the same shall be done only after obtaining Mineral Transport Passes from the jurisdictional Geologist. Sd/- **N. NAGARESH, JUDGE** aks/11.10.2021 WP(C) No.2330/2018 & connected cases : 16 : ## **APPENDIX OF WP(C) 2330/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF THE STATEMENT OF TOTAL SALES OF PETROLEUM PRODUCTS FOR 2012-2013. EXHIBIT P2 TRUE PHOTOCOPY OF THE STATEMENT OF TOTAL SALES OF PETROLEUM PRODUCTS FROM 01-04-2017 TO 31-12-2017. EXHIBIT P3 TRUE PHOTOCOPY OF REVISED GUIDE LINES OF INDIAN ROADS CONGRESS FOR SETTING UP FUEL STATIONS ON ROADSIDE INCLUSIVE OF CLAUSE 6.1.5. EXHIBIT P4 TRUE PHOTOCOPY OF THE ROUGH SKETCH OF THE SITE WHERE THE FUEL STATION IS PROPOSED TO BE SET UP. EXHIBIT P5 TRUE PHOTOCOPY OF THE LEASE DEED DATED 19-12-2015. EXHIBIT P6 TRUE PHOTOCOPY OF THE NOC ISSUED BY THE 2ND RESPONDENT DATED 14-12-2017. EXHIBIT P7 TRUE PHOTOCOPY OF THE SANCTION ISSUED BY THE 2ND RESPONDENT 14-12-2017.** |**RESPONDENTS'**|**EXHIBITS:**| |---|---| |**ANNEXURE 1**|**PHOTOGRAPH OF THE ROAD INTERSECTION ON**| ||**THE SOUTH EASTERN PART OF THE PROPERTY**| |**ANNEXURE 2**|**PHOTOGRAPH OF THE CURVE ON THE**| ||**SOUTHERN SIDE IN THE KALPETTA –**| ||**MANANTHAVADY ROAD**| |**ANNEXURE 3**|**PHOTOGRAPH OF THE CURVE ON THE**| ||**NORTHERN SIDE IN THE KALPETTA –**| ||**MANANTHAVADY ROAD**| |**ANNEXURE 4**|**PHOTOGRAPH OF THE MARIAMMAN KSHETRAM**| ||**AND THE MADRASA**| |**ANNEXURE 5**|**PHOTOGRAPH OF THE CULVERT**| |**ANNEXURE 6**|**PHOTOGRAPH OF THE HALF COMPLETED DRAIN**| ||**BETWEEN THE EASTERN BOUNDARY OF THE**| ||**PROPERTY AND THE MAIN ROAD**| |**ANNEXURE 7**|**PHOTOGRAPH OF THE CHANNEL RUNNING**| ||**ALONG THE NORTHERN BOUNDARY OF THE**| ||**PROPERTY**| WP(C) No.2330/2018 & connected cases : 17 : **ANNEXURE 8 PHOTOGRAPH OF THE NEIGHBOURING PROPERTY FILLED WITH RED EARTH ANNEXURE 9 PHOTOGRAPH OF THE CHANNEL FORMED BY FLOW OF WATER AFTER THE RED EARTH FILLED AREA ANNEXURE 10 PHOTOGRAPH OF THE PROPERTY FROM THE NORTH EASTERN CORNER ANNEXURE 11 PHOTOGRAPH OF THE PROPERTY FROM ITS WESTERN SIDE TO THE EASTERN SIDE ANNEXURE 12 PHOTOGRAPH OF PANCHAYATH ROAD TO THE WESTERN SIDE FRIM KALPETTA – MANANTHAVADY ROAD ANNEXURE 13 PHOTO OF THE ROAD AND THE TWO CURVED IN BETWEEN WHICH THE PROPERTY FOR PROPOSED RETAIL OUTLET ANNEXURE 14 PHOTO OF THE ROAD AND THE TWO CURVED IN BETWEEN WHICH THE PROPERTY FOR PROPOSED RETAIL OUTLET.** WP(C) No.2330/2018 & connected cases : 18 : ## **APPENDIX OF WP(C) 2661/2021** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LEASE AGREEMENT EXECUTED BETWEEN THE 4TH AND 5TH RESPONDENT ON 19.12.2015. EXHIBIT P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 14.12.2017 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE WAYANAD TO THE TERRITORY MANAGER (RETAIL), BHARAT PETROLEUM CORPORATION LTD. EXHIBIT P3 PHOTOGRAPHS OF THE SITE. EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 23.01.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE SECRETARY OF THE PANAMARAM GRAMA PANCHAYAT. EXHIBIT P5 TRUE COPY OF THE REPLY RECEIVED BY THE 1ST PETITIONER ON 25.01.2021 UNDER RTI ACT. EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY. EXHIBIT P7 TRUE COPY OF THE REPLY RECEIVED FROM THE GEOLOGIST BY THE 1ST PETITIONER. RESPONDENTS' EXHIBITS: EXHIBIT R4(a) TRUE COPY OF THE ORDER DATED 24.01.2020 OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM EXHIBIT R4(b) TRUE COPY OF THE STOP MEMO DATED 03.02.2021 ISSUED BY THE 2ND RESPONDENT EXHIBIT R4(c) TRUE COPY OF THE WRITTEN REQUEST DATED 06.02.2021 SUBMITTED BY THE RESPONDENTS 4 AND 5 BEFORE THE 2ND RESPONDENT.** WP(C) No.2330/2018 & connected cases : 19 : **EXHIBIT R4(d) TRUE COPY OF THE RECEIPT DATED 06.02.2021 ISSUED TO THE RESPONDENTS 4 AND 5.** WP(C) No.2330/2018 & connected cases : 20 : ## **APPENDIX OF WP(C) 3569/2021** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE (NOC) DATED 14.12.20217 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, WAYANAD NO.MI/2013/20040/12** **EXHIBIT P2 TRUE COPY OF THE ORDER DATED 24.1.2020 OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM NO.TCPCTP/2447/19.D1** **EXHIBIT P3 TRUE COPY OF THE STOP MEMO DATED 3.2.2021 ISSUED BY THE RESPONDENT PANCHAYATH NO.A2-516/2019. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 4.2.2021 IN W.P.(C).NO.2661 OF 2021. EXHIBIT P5 TRUE COPY OF THE WRITTEN REQUEST DATED 06.2.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 6.2.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS.** **EXHIBIT P7 TRUE COPY OF THE LICENCE/PERMIT DATED 4.11.2020 ISSUED BY THE DEPUTY CHIEF CONTROL OF EXPLOSIVES, PETROLWUM AND EXPLOSIVES SAFETY ORGANIZATION, GOVERNMENT OF INDIA** **EXHIBIT P8 TRUE COPY OF THE LAND TAX RECEIPT DATED 12.12.2018 ISSUED BY THE VILLAGE OFFICER, PANAMARAM RESPONDENTS' EXHIBITS: EXHIBIT R3(1) TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS) NO.67/2020/PWD DATED 16.10.2020 EXHIBIT R1(a) A TRUE COPY OF THE LETTER NO.2/5161/19 DATED 20/4/2019** **EXHIBIT R1(b) A TRUE COPIES OF THE LETTERS DATED 17.04.2019 OF THE FIRST RESPONDENT EXHIBIT R1(c) A TRUE COPY OF THE LETTER NO.439/2019/L.DIS DATD 10.05.2019 OF THE DISTRICT TOWN PLANNER** ## WP(C) No.2330/2018 & connected cases ## : 21 : |**EXHIBIT R1(d)**|**A TRUE COPY OF THE LETTER NO.463/2019**|**A TRUE COPY OF THE LETTER NO.463/2019**| |---|---|---| ||**DATED 15.05.2019 ISSUED BY **|**THE**| ||**DISTRICT TOWN PLANNER**|| |**EXHIBIT R1(e)**|**A**<br>**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**LETTER**|| ||**NO.A2/5161/19 DATED 17.05.2019**|| |**EXHIBIT R1(f)**|**A TRUE COPY OF THE REQUEST **|**DATED**| ||**26.08.2019**|| |**EXHIBIT R1(g)**|**A TRUE COPY OF THE REQUEST **|**DATED**| ||**28.09.2019 OF THE PETITIONER**|| |**EXHIBIT R1(h)**|**A**<br>**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**LETTER**|| ||**NO.A2/5161/19(2) DATED 30.09.2019**|| |**EXHIBIT R1(i)**|**A**<br>**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**LETTER**|| ||**NO.TCPCTP/990/19-D DATED 24.10.2019 OF**|| ||**THE CHIEF TOWN PLANNER**|| |**EXHIBIT R1(j)**|**A**<br>**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**LETTER**|| ||**NO.TCPCTP/2447/2019-D1**|**DATED**| ||**16.11.2019**|| |**EXHIBIT R1(k)**|**A TRUE COPY OF THE LETTER **|**DATED**| ||**5.12.2019**|| |**EXHIBIT R1(l)**|**A TRUE COPY OF THE STOP MEMO**|**DATED**| ||**03.02.2021**|| SR