High Court of KeralaSingle Judge2019-12-19Dismissed; batch petitions disposed with observ...

W.P.(C) Nos. 29005/2019 et al. batch (No-objection certificates for petroleum outlets; IRC Guidelines and MORTH Norms) - Kerala High Court, P.B.Suresh Kumar, J.

Case / Petition Number:W.P.(C) Nos. 29005/2019, 29052/2019, 28006/2019, 28002/2019, 29246/2019, 26658/2019, 26583/2019, 27965/2019, 28008/2019, 26561/2019, 29043/2019, 27367/2019, 28001/2019, 27311/2019, 29864/2019, 29195/2019, 25650/2019, 32468/2019, 31982/2019, 30823/2019, 32471/2019, 29365/2019, 29938/2019, 33712/2019, 33507/2019, 33429/2019, 32826/2019, 32789/2019, 32776/2019, 33937/2019, 33968/2019, 31258/2019, 31178/2019, 33714/2019, 28853/2019, 27314/2019, 27274/2019, 29249/2019, 34530/2019, 34562/2019, 34654/2019 (I)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.B.SURESH KUMAR
Judgment Date: 2019-12-19
Court Decision / Holding: Writ petitions dismissed. Observations in paragraph 21 note that while IRC Guidelines are not legally binding, they can be used as norms for decision-making under Rule 144, especially to ensure public safety; MORTH Norms apply to National Highways; in absence of Central guidelines, IRC Guidelines may guide decisions to avoid discrimination and ensure safety; petitions premature in some cases but the core decision stands: District Authorities may rely on safety guidelines, and the court declines to require compliance with IRC Guidelines to an absolute, blanket extent in non-National Highway sites.
Final Disposition: Dismissed; batch petitions disposed with observations and guidance on use of IRC Guidelines and MORTH Norms in No-objection determinations under Rule 144 of the Petroleum Rules, 2002; paragraph 21 holds relevance for applicability and consistency.

Parties to the Case

Appellants / Petitioners

Hindustan Petroleum Corporation Ltd; Bharat Petroleum Corporation Ltd; Indian Oil Corporation Ltd

Respondents

State of Kerala; The Addl. Chief Secretary (Public Works Department); Kerala Public Works Department; Project Director, Kerala State Transport Project (JAGAD Buildings); The District Collector; Indian Oil Corporation Limited; Bharat Petroleum Corporation Limited; Hindustan Petroleum Corporation Limited

Legal Representation & Advocates

Counsels for Petitioners

• M. Gopikrishnan Nambi ar; P. Benny Thomas; P. Gopinath (Sr.); K. John Mathai; Joson Manavalalan; Kuryan Thomas; Paulose C. Abraham

Counsels for Respondents

• Vinitha B. (Government Pleader); Princy Xavier (Special Government Pleader)

Case Synopsis & Summary

This is a batch judgment of the Kerala High Court dated 19 December 2019 addressing multiple writ petitions (W.P.(C) Nos. 29005/2019, 29052/2019, 28006/2019, 28002/2019, 29246/2019, 26658/2019, 26583/2019, 27965/2019, 28008/2019, 26561/2019, 29043/2019, 27367/2019, 28001/2019, 27311/2019, 29864/2019, 29195/2019, 25650/2019, 32468/2019, 31982/2019, 30823/2019, 32471/2019, 29365/2019, 29938/2019, 33712/2019, 33507/2019, 33429/2019, 32826/2019, 32789/2019, 32776/2019, 33937/2019, 33968/2019, 31258/2019, 31178/2019, 33714/2019, 28853/2019, 27314/2019, 27274/2019, 29249/2019, 34530/2019, 34562/2019, 34654/2019 (I).” The petitions involve oil companies (HPCL, IOC, BPCL, etc.) challenging district-cum-public-works authorities’ refusals to issue No-Objection Certificates under Rule 144 of the Petroleum Rules, 2002, alleging reliance on IRC Guidelines and MORTH Norms in approvals for roadside petroleum outlets. The court threads through whether IRC Guidelines have force of law, and whether MORTH Norms apply to outlets not along National Highways. It cites Mary Ulahannan, Arti Devi Dangi, Mukesh Yadav, Union of India v Dhanwanti Devi, Quinn v Leath, MCD Uphaar, and related authorities. The judgment ultimately adopts a pragmatic approach that while IRC Guidelines are not binding law, they can be considered for public-safety purposes, and MORTH Norms principally apply to National Highways; the Kerala Public Works Department Manual’s amendments in 2019 are noted but not retroactively binding on applications filed earlier. The court dismisses the petitions subject to para 21, holding that the District Authority is not precluded from relying on IRC Guidelines while evaluating No-Objection Certificates under Rule 144, and that actions premised solely on IRC Guidelines without considering public-safety norms may be unsustainable. The decision emphasizes balancing Article 19(1)(g) rights with public safety and the duty of care under public-safety legislation.

Provisions of Law Cited

Petroleum Rules, 2002 (under Petroleum Act, 1934)Petroleum Act, 1934Rule 144 of the Petroleum RulesIRC Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations (IRC: 12-2009)MORTH Norms (Ministry of Road Transport and Highways)Kerala Highway Protection Act, 1999PWD Manual (State)Constitution Articles 19(1)(g) and 21

Legal Doctrines & Maxims

Duty of care in public-safety legislation; high degree of care for functioning of authorities under public-safety laws
Ratio decidendi and binding precedent (as explained in Union of India v. Dhanwanti Devi and Quinn v. Leathem)
IRC Guidelines can guide but are not binding law if no central directive; however, they may be relied upon for public-safety purposes (Arti Devi Dangi)
Mary Ulahannan v. Union of India (not binding ratio; cited as authoritative but not controlling here)
MCD v. Uphaar Tragedy Victims Assn. (duty of care reference)
Arti Devi Dangi (Apex Court) supports normative status of guidelines for safety-related decisions

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that IRC Guidelines do not have the force of law, and MORTH Norms apply only to National Highways; No-objection under Rule 144 cannot be denied solely on IRC Guidelines or MORTH norms, especially where central guidance is absent. They invoked Article 19(1)(g) rights to establish petroleum outlets and contended that the District Authority must not base decisions on personal notions but adhere to the statutory standards and public-safety considerations.

Contentions of Respondents

The State and Public Works Department contended that IRC Guidelines and MORTH Norms are essential for road safety; the Guidelines are part of the PWD Manual and followed by Highway Authorities under Kerala Highway Protection Act; the District Authority may rely on these norms to ensure public safety and ribbon development prevention.

Cited Precedents (7)

Case Name	Citation	Treatment	Explanation
Mary Ulahannan v. Union of India	(2011) 3 KLT 570	Mentioned Only	Relied upon but not treated as binding ratio in these facts; court states it is not of help for the present context.
Arti Devi Dangi v. Union of India	(2016) 15 SCC 480	Positive	Apex Court held that norms formulated by IRC can be relied upon for public safety; not binding as law but normative.
Mukesh Yadav v. State of Uttar Pradesh	2018 ADJ 611	Distinguished	Allahabad High Court decision cited by petitioners; court expresses inability to agree and distinguishes the facts.
Union of India v. Dhanwanti Devi	(1996) 6 SCC 44	Mentioned Only	Discussed in context of precedents and ratio decidendi concepts.
Quinn v. Leath	(1901) AC 495	Mentioned Only	Cited to illustrate ratio decidendi versus observations; not binding as such in the case.
M.C.D. v. Uphaar Tragedy Victims Assn.	(2011) 14 SCC 481	Mentioned Only	Cited for duty of care in public-safety context; not applied as controlling law here.
Indian Oil Corporation Ltd. v. Arti Devi Dangi and another	(2016) 15 SCC 480	Positive	Cited as authority supporting normative status of guidelines for safety considerations in oil outlet approvals.

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Extracted Judgment Text

Exact text extracted from official judgment records.

WPC No. 29807 of 2016 & con. cases 1 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.29005 OF 2019(A)** **PETITIONER:** **MOHAN G., AGED 55 YEARS S/O.K.N. GOPALAN, MANIKYAM, SASTHA NAGAR, SRA 188, PANGODE, THIRUMALA P O, THIRUVANANTHAPURAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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, BEACH ROAD, KOLLAM-691001.** - **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.** WPC No. 29807 of 2016 & con. cases 2 **R1 TO R4 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29807/2016(A) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.29807 OF 2016** ## **PETITIONER:** **HINDUSTAN PETROLEUM CORPORATION LTD. COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O. P.B.NO.1601 COCHIN- 682 018 REPRESENTED BY CHIEF REGIONAL MANAGER** **BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.BENNY THOMAS SRI.P.GOPINATH (SR.) SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REP. BY THE ADDL,.CHIEF SECRETARY,**| ||**KERALA PUBLIC WORK DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM- 695 001**| |**2**|**PROJECT DIRECTOR,**| ||**KERALA STATE TRANSPORT PROJECT JAGAD**| ||**BUILDINGS, KAWDIAR P.O.**| ||**THIRUVANANTHAPURAM- 695 003**| |**3**|**THE DISTRICT COLLECTOR**| ||**KOLLAM DISTRICT, COLLECTORATE, KOLLAM- 691 013**| WPC No. 29807 of 2016 & con. cases 4 **4 ADDITIONAL DISTRICT MAGISTRATE KOLLAM DISTRICT, COLLECTORATE, KOLLAM- 691 013** ## **OTHER PRESENT:** **K. V. MANOJKUMAR SPL GP,** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.14674 OF 2019(H)** ## **PETITIONER:** **GOPAKUMAR, AGED 36 YEARS S/O.GOPALAKRISHNAN NAIR, GOPA BHAVANAM, ANAYADI, KOLLAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL ARUN KRISHNA** ## **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 DISTRICT COLLECTOR,**| ||**KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691013.**| |**4**|**HINDUSTAN PETROLEUM CORPORATION LTD.,**| ||**REP. BY ITS CHIEF REGIONAL MANAGER, COCHIN**| ||**RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O.,**| ||**P.B.NO.1601, COCHIN-682018.**| WPC No. 29807 of 2016 & con. cases 6 **R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC 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 BY GOVERNMENT PLEADER SMT.VINITHA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.16532 OF 2019(N)** ## **PETITIONER:** **SHEEJA.E, AGED 48 YEARS W/O.SHAMSUDEEN KUTTY, CHETTISSERIL HOUSE, KADAPPA, MYNAGAPPALLY, KOLLAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.V.A.SALINI GLADWIN** ## **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, BEACH ROAD, KOLLAM-691001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOLLAM DIST. COLLECTORATE, KOLLAM-691013.**| WPC No. 29807 of 2016 & con. cases 8 **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.** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC 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 BY GOVERNMENT PLEADER SMT. VNITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.17695 OF 2019(J)** ## **PETITIONERS:** - **1 SABU B.S, AGED 36 YEARS S/O. B SASIDHARAN, B.S. VILLA KOCHU ULLOOR, THIRUVANANTHAPURAM.** - **2 JITH.B., AGED 42 YEARS S/O. BABU SURENDRANATH, SREE DHANYA PLANET-X, BLOCK-B, A-3, KALLAMPALLY, THIRUVANANTHAPURAM BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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 DEAPRTMENT, 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.** WPC No. 29807 of 2016 & con. cases 10 **4 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM DISTRICT, 695 035. 5 HINDUSTAN PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O., P.B. NO. 1601, COCHIN 682 018. R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC 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 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 11 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.17720 OF 2019(L)** ## **PETITIONER:** **BIJU SUDHAKARAN, AGED 47 YEARS S/O. SUDHAKARAN, BIJU BHAVANAM, THODIYOOR NORTH, KOLLAM BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOLLAM DIST COLLECTORATE, KOLLAM 691 013**| WPC No. 29807 of 2016 & con. cases 12 **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** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC 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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 13 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.21175 OF 2019(V)** ## **PETITIONER:** **SURESH KUMAR, AGED 53 YEARS S/O. DHARMAJAN, ARAMPATTUMAKYIL,VAYALA, ELACKAD,KOTTAYAM** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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 BUILDING, KOWDIAR**| ||**P.O., THIRUVANANTHAPURAM-695 003**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**PWD ROADS DIVISION,KOTTAYAM-686 001**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOTTAYAM DIST, COLLECTORATE,KOTTAYAM-686 001**| WPC No. 29807 of 2016 & con. cases 14 **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** **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 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 15 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.22116 OF 2019(L)** ## **PETITIONER:** **BEENA MADHAVAN PILLAI, AGED 47 YEARS W/O. AJITHKUMAR, TC 15/1469, KARTHIKA, LALBAG ROAD, THYCAUD P.O., THIRUVANANTHAPURAM** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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, THIRUVANANTHAPURAM-695 033**| |**4**|**THE DISTRICT COLLECTOR,**| ||**COLLECTORATE, THIRUVANANTHAPURAM DIST-695 035**| WPC No. 29807 of 2016 & con. cases 16 **5 BHARAT PETROLEUM CORPORATION LTD, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE, IRMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O., KOCHI-682 309** **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 17 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.23176 OF 2019(V)** ## **PETITIONER:** **NEELIMA ARUN, AGED 39 YEARS W/O.ARUM SOMAN, SREEBHAVAN, THALAYOLAPARAMBU P.O., KOTTAYAM-686605.** **BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE** ## **RESPONDENTS:** - **1 THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, COLLECTORATE P.O., KOTTAYAM-686002.** **2 THE EXECUTIVE ENGINEER , O/O.EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM-686001.** WPC No. 29807 of 2016 & con. cases 18 **3 THE DEPUTY GENERAL MANAGER (RETAIL SALES), INDIAN OIL CORPORATION LTD., TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695008.** **R3 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R3 BY ADV. SRI.K.JOHN MATHAI R3 BY ADV. SRI.JOSON MANAVALAN R3 BY ADV. SRI.KURYAN THOMAS R3 BY ADV. SRI.PAULOSE C. ABRAHAM BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 19 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.23644 OF 2019(E)** ## **PETITIONER:** **BINU.P.G, AGED 42 YEARS S/O.LATE P.R.GOPINATH, T.C.8/1119-3, PLANKUDY, MITHRI NAGAR, VALIYAVILA, THIRUMALA, THIRUVANANTHAPUAM-695006** **BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA)** ## **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** - **3 THE CHIEF ENGINEER PWD(ROADS AND BRIDGES), PUBLIC OFFICE BUILDING, LMS, VELLALYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033** - **4 ADDL.R4.INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI - 400 051 - IS IMPLEADED AS PER ORDER DATED 04/09/2019 IN IA NO.1/2019.** WPC No. 29807 of 2016 & con. cases 20 **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 21 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.23849 OF 2019(E)** ## **PETITIONER:** **SHAJIDA SHAJAHAN, AGED 52 YEARS W/O.P.A.SHAJAHAN, KOLLAMPARAMPIL HOUSE, MADAPPALLY.P.O., MADAPPALLY VILLAGE, CHANGANASSERY TALUK, KOTTAYAM-686545.** **BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) SMT.UTHARA A.S VIVEK JOSEPH SONY KARISHMA JOJO LIYA ELZA ALEX GAYATHRI V NAIR JOHNSON CHAKKALAKKAL** ## **RESPONDENTS:** - **1 THE DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686001.** - **2 THE ADDITIONAL DISTRICT MAGSTRATE KOTTAYAM, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686001.** - **3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES), PUBLIC OFFICE BUILDING, LMS, VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033.** WPC No. 29807 of 2016 & con. cases 22 **4 INDIAN OIL CORPORTION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI - 400 051.** **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 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 23 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.23887 OF 2019(I)** ## **PETITIONER:** **JASMINE SIRAJUDEEN, AGED 32 YEARS W/O. SUDHEER BADHARUDEEN, USHA T.C. 11/640, NANTHANCODE KOWDIAR P.O. THIRUVANANTHAPURAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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,**| ||**THIRUVANANTHAPURAM 695 033.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**COLLECTORATE,**| ||**THIRUVANANTHAPURAM DISTRICT 695 035.**| WPC No. 29807 of 2016 & con. cases 24 **5 BHARAT PETROLEUM CORPPRATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANGER, ERNAKULAM RETAIL TERRITORY OFFICE IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O., KOCHI 682 309.** **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. VINITHA.V R6 BY ADV. G.RANJU MOHAN R6 BY ADV. SMT.M.SANTHI (K/868/2011) BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 25 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.24469 OF 2019(G)** ## **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:** |**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.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOTTAYAM DIST COLLECTORATE, KOTTAYAM 686001.**| WPC No. 29807 of 2016 & con. cases 26 **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. (CORRECTED)** **ADDRESS OF THE 5TH RESPONDENT IS CORRECTED AS BHARATH PETROLEUM CORPORATION LIT., REP. BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O., KOCHI – 682309. AS PER ORDER DATED 25.09.2019 IN I.A. NO. 1/19** **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 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 27 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.24632 OF 2019(D)** ## **PETITIONER:** **SHOBA JOSEPH, AGED 55 YEARS W/O. E.THOMAS JOSEPH, ELAMTHURTHIL HOUSE, MANGANAM, PALOORPADY P.O, KOTTAYAM BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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,**| ||**THIRUVANANTHAPUYRAM 695 003**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**PWD ROADS DIVISION, KOTTAYAM 686 001**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOTTAYAM DIST COLLECTORATE, KOTTAYAM 686 001**| WPC No. 29807 of 2016 & con. cases 28 **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** **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 29 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.24633 OF 2019(D)** ## **PETITIONER:** **SUMANGALA DEVI, AGED 61 YEARS W/O.JAUYAKRISHNAN NAIR.K.S, MANJAPPALIL HOUSE, ELAMKULAM, NARIYANANI.P.O, PONKUNNAM, KOTTAYAM** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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 KOTTAYAM-686001**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOTTAYAM DIST COLLECTORATE, KOTTAYAM-686001**| WPC No. 29807 of 2016 & con. cases 30 **5 BHARAT PETROLEUM CORPORATION LTD, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM.P.O., KOCHI-682309** **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 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 31 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.24641 OF 2019(E)** ## **PETITIONER:** **SHIJOKUMAR.T.M, AGED 43 YEARS S/O. MOHANAN T, THOTTUPURATH HOUSE, VETTIMUKAL, ETTUMANOOR, KOTTAYAM. BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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,**| ||**REPRESENTED BY THE PROJECT DIRECTOR,**| ||**KERALA STATE TRANSPORT PROJECT, JAGAD**| ||**BUILDINGS, KOWDIAR P O, THIRUVANANTHAPURAM-**| ||**695003.**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**PWD ROADS DIVISION,**| ||**KOTTAYAM-686001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM-**| ||**686001.**| WPC No. 29807 of 2016 & con. cases 32 **5 INDIAN OIL CORPORATION LIMITD, REPRESENTED BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P O, THIRUVANANTHAPURAM-695008.** **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 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 33 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.24642 OF 2019(E)** ## **PETITIONER:** **JAIKRISHNAN, AGED 48 YEARS S/O.RAGHAVAN, POOVAKALAYIL HOUSE, MANTHURUTHY P.O., NETHALLOOR, KOTTAYAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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, KOTTAYAM-686001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM-**| ||**686001.**| WPC No. 29807 of 2016 & con. cases 34 **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.** **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 35 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.24646 OF 2019(E)** ## **PETITIONER:** **JITHIN BABU.R.S., AGED 25 YEARS S/O. RAJENDRA BABU, AMBADY HOUSE, AYYAPPANKUZHI, PARUTHIKUZHI, NEDUMANGAD, THIRUVANANTHAPURAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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 DIVISION, THIRUVANANTHAPURAM -**| ||**695033.**| |**4**|**THE DISTRICT COLLECTOR**| ||**COLLECTORATE, THIRUVANANTHAPURAM DIST -**| ||**695035.**| WPC No. 29807 of 2016 & con. cases 36 **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.** **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 37 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.25076 OF 2019(H)** ## **PETITIONER:** **AJEESH G., AGED 27 YEARS S/O.GIRIJA KUMAR, THUSHARAM, PAYARUMOODU, KOTTUKAL.P.O., VIZHINJAM, THIRUVANANTHAPURAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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, THIRUVANANTHAPURAM-695033.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**COLLECTORATE, THIRUVANANTHAPURAM DIST.-695035.**| WPC No. 29807 of 2016 & con. cases 38 **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.** **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 39 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.25180 OF 2019(V)** ## **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-400019.** **BY ADV. SRI.JOHNSON GOMEZ** ## **RESPONDENTS:** **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, COLLECTRATE RD., THAVAKKARA, KANNUR, KERALA-670002.** - **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.** WPC No. 29807 of 2016 & con. cases 40 **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 41 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.25367 OF 2019(U)** ## **PETITIONER:** **RAGITHA, AGED 35 YEARS VALLILLATH HOUSE, PANNIYAMKURSI, CHERPULASSERY, PALAKKAD 679 503.** **BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.M.GOPIKRISHNAN NAMBIAR** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,**| ||**PUBLIC WORKS DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 001.**| |**2**|**THE CHIEF ENGINEER (PWD ROADS),**| ||**PUBLIC WORKS DEPARTMENT,**| ||**THIRUVANANTHAPURAM 695 033.**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**ROADS DIVISION, PUBLIC WORKS DEPARTMENT, CIVIL**| ||**STATION, SULTHANPETTA, PALAKKAD 678 001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**PALAKKAD COLLECTORATE, KENATHUPARAMBU,**| ||**KUNATHURMEDU, PALAKKAD 678 013.**| WPC No. 29807 of 2016 & con. cases 42 **5 INDIAN OIL CORPORATION, REPRESENTED BY THE DEPUTY GENERAL MANAGER (RS), INDIAN OIL CORPORATION, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O., KOCHI 682 036.** **BY ADV. SRI. M. GOPIKRISHNAN NAMBIAR, SC. BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 43 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.25403 OF 2019(A)** ## **PETITIONER:** **SUNEESH A K, AGED 38 YEARS S/O PADMABHAN PULUKOOL, PADMALAYAM,KANHIRANGAD.P.O, TALIPARAMBA TALUK,KANNUR DIST.670142.** **BY ADVS.** **SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) SRI.SANJAY JOHNSON** ## **RESPONDENTS:** |**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.**| |**3**|**THE CHIEF ENGINEER PWD(ROADS AND BRIDGES),**| ||**PUBLIC OFFICE BUILDING,LMS,VELLAYAMBALAM**| ||**ROAD,PALAYAM,THIRUVANANTHAPURAM,KERALA-695033.**| WPC No. 29807 of 2016 & con. cases 44 **4 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,G-9,ALI YAVAR JUNG MARG,BANDRA(EAST), MUMBAI-400051.** **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 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 45 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.25650 OF 2019(E)** ## **PETITIONER:** **ABDUL RASHEED, AGED 55 YEARS S/O. MOHAMMED ISMAIL, AKATHE KADA, VARIKKAMUKKU, MURUKKUMPUZHA P.O, THIRUVANANTHAPURAM 695 302** **BY ADV. SRI.J.G.SYAMNATH** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,**| ||**PUBLIC WORKS DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 001**| |**2**|**THE CHIEF ENGINEER (ROADS AND BRIDGES)**| ||**PUBLIC WORKS DEPARTMENT,**| ||**THIRUVANANTHAPURAM 695 033**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**ROADS DIVISION, PUBLIC WORKS DEPARTMENT,**| ||**THIRUVANANTHAPURAM 695 033**| |**4**|**THE DISTRICT COLELCTOR,**| ||**THIRUVANANTHAPURAM, KUDAPPANAKUNNU,**| ||**THIRUVANANTHAPURAM 695 043**| WPC No. 29807 of 2016 & con. cases 46 - **5 BHARAT PETROLEUM CORPORATION LIMITED, REPREESENTED BY ITS TERRITORY MANAGER-RETAIL, ERNAKULAM TERRITORY, IRIMPANAM, COCHIN 682 309** **R5 BY ADV. SRI. M. GOPIKRISHNAN NAMBIAR, SC. R1 TO R4 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 47 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.25937 OF 2019(N)** ## **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.BIJU HARIHARAN SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN SRI.CHERIAN GEE VARGHESE** ## **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.** WPC No. 29807 of 2016 & con. cases 48 - **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.** **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. K.R.VINOD R6 BY ADV. KUM.K.S.SREEREKHA R6 BY ADV. SRI.NABIL KHADER BY GOVERNMENT PLEADER SMT.PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 49 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.25990 OF 2019(W)** ## **PETITIONERS:** |**1**|**SHAMEER.V, AGED 43 YEARS**| |---|---| ||**VIRALIKKATTIL HOUSE, KATTUPPARA, CHELAKKAD**| ||**P.O.PULAMANTHOLE, MALAPPURAM DIST-679 323.**| |**2**|**JAFAR P.T, PULIMANTHODI HOUSE, THOOTHA**| ||**P.O.ANAMANGAD VIA, MALAPPURAM DIST-679 357.**| ||**BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR**| ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,**| ||**PUBLIC WORKS DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**THE CHIEF ENGINEER (PWD ROADS),**| ||**PUBLIC WORKS DEPARTMENT,**| ||**THIRUVANANTHAPURAM-695 033.**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**ROADS DIVISION, PUBLIC WORKS DEPARTMENT, CIVIL**| ||**STATION, SULTHANPETTA, PALAKKAD-678 001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**PALAKKAD, COLLECTORATE, KENATHUPARAMBU,**| ||**KUNATHURMEDU, PALAKKAD-678 013.**| WPC No. 29807 of 2016 & con. cases 50 **5 INDIAN OIL CORPORATION, REPRESENTED BY THE DEPUTY GENERAL MANAGER (RS), INDIAN OIL CORPORATION, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVNENUE, PANAMPILLY NAGAR P.O.KOCHI-682 036.** **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 51 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.25992 OF 2019(Y)** ## **PETITIONER:** **BEENA.P.N, AGED 55 YEARS W/O. LATE K. RAVIKUMAR, VADAKKE KEERUVELIYIL, SANATHANAPURAM P. O., KALARCODE, ALAPPUZHA - 688003** **BY ADVS. SRI.JOHNSON GOMEZ SRI.C.UNNIKRISHNAN (KOLLAM) SRI.S.BIJU (KIZHAKKANELA) SMT. JANE MARIA TOMY SRI.SANJAY JOHNSON VIVEK JOSEPH SONY JOHNSON CHAKKALAKKAL** ## **RESPONDENTS:** **1 THE DISTRICT MAGISTRATE KOTTAYAM, KERALA STATE - 686002. 2 THE TERRITORY MANAGER (RETAIL) BHARAT PETROLEUM CORPORATION LIMITED, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM P. O., ERNAKULAM - 682039. 3 EXECUTIVE ENGINEER PWD ROAD DIVISION, KOTTAYAM - 686001.** WPC No. 29807 of 2016 & con. cases 52 **4 CHIEF ENGINEER PWD ROAD DIVISION, THIRUVANANTHAPURAM – 695033.** **R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R2 BY ADV. SRI.K.JOHN MATHAI R2 BY ADV. SRI.JOSON MANAVALAN R2 BY ADV. SRI.KURYAN THOMAS R2 BY ADV. SRI.PAULOSE C. ABRAHAM BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 53 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.26152 OF 2019(T)** ## **PETITIONER:** **GOKUL GOPALAKRISHNAN NAIR, AGED 32 YEARS S/O. GOPALAKRISHNAN NAIR, VENKACHALPARVAM, PADAPPITHOTTAM, ANVAOOR, THIRUVANANTHAPURAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**REP. BY THE ADDL. CHIEF SECRETARY, KERALA**| ||**PUBLIC WORKS DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT, THIRUVANANTHAPURAM 695 001.**| |**2**|**KERALAL 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,**| ||**THIRUVANANTHAPURAM 695 033.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**COLLECTORATE,**| ||**THIRUVANANTHAPURAM DISTRICT. 695 035.**| WPC No. 29807 of 2016 & con. cases 54 **5 INDIAN OIL CORPORATION LIMITED, REP. BY ITS DEPUTY GENERAL MANGER, GROUND FLOOR, PREMIER PARK INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM 695 008.** **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 55 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.26157 OF 2019(T)** ## **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:** |**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 BUILDING, KOWDIAR**| ||**P.O., THIRUVANANTHAPURAM- 695003.**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**PWD ROADS DIVISION, KOTTAYAM- 686001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM-**| ||**686001.**| WPC No. 29807 of 2016 & con. cases 56 **5 BHARAT PETROLEUM CORPORATION LTD. , REP. BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETIAL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O., KOCHI- 682309.** **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 57 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.26164 OF 2019(U)** ## **PETITIONER:** **K.S.NARAYANAN NAMPOOTHIRI, AGED 73 YEARS S/O. SUBRAHMANYAN NAMPOOTHIRI, KALLAMPALLIL ILLAM, KUMMANNOOR P.O, KIDANGOOR VILLAGE, KOTTAYAM DIST. PIN-686 572** **BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) SRI.SANJAY JOHNSON SMT.KARISHMA JOJO SMT.GAYATHRI V NAIR VIVEK JOSEPH SONY** ## **RESPONDENTS:** - **1 THE DISTRICT MAGISTRATE OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686 001** - **2 THE ADDITIONAL DISTRICT MAGISTRATE KOTTAYAM, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686 001** - **3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES), PUBLIC OFFICE BUILDING, LMS, VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA-695 033.** WPC No. 29807 of 2016 & con. cases 58 **4 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI-400 051** **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 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 59 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.26195 OF 2019(Y)** ## **PETITIONER:** **C.DHANEESH, AGED 38 YEARS S/O. YESUDAS, PREM NIVAS, VAYANTHODE, MATTANNUR, KANNUR.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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,**| ||**KERALA STATE TRANSPORT PROJECT DIVISION, PWD**| ||**ROADS DIVISION, KANNUR-670 013**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KANNUR DIST., COLLECTORATE, KANNUR-670002**| WPC No. 29807 of 2016 & con. cases 60 **5 BHARAT PETROLEUM CORPORATION LTD. REP. BY ITS CHIEF REGIONAL MANAGER, CALICUT TERRITORY OFFICE, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011** **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 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 61 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.26561 OF 2019(U)** ## **PETITIONER:** **ELIZABETH JOSEPH, AGED 56 YEARS W/O.JOSEPH.V.J., VAVOLICKAL HOSUE, DEVAGIRI P.O., KANGHAZHA, KOTTAYAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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.**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**PWD ROADS DIVISION, KOTTAYAM-686 001.**| |**4**|**THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT,**| ||**COLLECTORATE, KOTTAYAM-686 001.**| WPC No. 29807 of 2016 & con. cases 62 **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.** **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 R1 TO R4 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 63 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.26583 OF 2019(W)** ## **PETITIONER:** **MANOJ VALAMPARAMPAN, AGED 42 YEARS S/O.GEORGE VALAMPARAMPAN, VALAMPARAMPIL, MAROOR P.O., ELAMANNOR, PATHANAMTHITTA.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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, MINI CIVIL STATION, PATHANAMTHITTA - 689 645. 4 THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA -689 645.** WPC No. 29807 of 2016 & con. cases 64 **5 BHARAT PETROLEUM CORPORATION, REP. BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, COCHIN - 682 309.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR R1 TO R4 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 65 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.26658 OF 2019(F)** ## **PETITIONER:** **ASHOKAN.A., AGED 58 YEARS S/O. P. ARAVINDAKSHAN, PALLIPATTU HOUSE, MELADOOR P.O. ALATHUR VILLAGE, CHALAKUDY TALUK THRISSUR DISTRICT 680 741.** **BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) SRI.SANJAY JOHNSON SMT.KARISHMA JOJO SMT.GAYATHRI V NAIR THARA G.** ## **RESPONDENTS:** **1 THE DISTRICT MAGISTRATE OFFICE OF THE DISTRICT MAGISTRATE, CIVIL STATION, AYYANTHOLE, THRISSUR 680 003. 2 THE ADDITIONAL DISTRICT MAGISTRATE THRISSUR, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, AYYANTHOLE, THRISSUR 680 003. 3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES), PUBLIC OFFICE BUILDING, LMS VELLALYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM , KERALA 695 033.** WPC No. 29807 of 2016 & con. cases 66 **4 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9 LI YAVAR MARG. BANDRA (EAST), MUMBAI 400 051.** **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 R1 TO R3 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 67 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.27274 OF 2019(H)** ## **PETITIONER:** **RAMESH.R, AGED 33 YEARS S/O. REGHUNATHAN NAIR, BELL HOUSE, THIRUMULLAVARAM, KOLLAM DISTRICT.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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, PATHANAMTHITTA - 689645.**| |**4**|**THE DISTRICT COLLECTOR**| ||**PATHANAMTHITTA DIST., COLLECTORATE,**| ||**PATHANAMTHITTA - 689645.**| WPC No. 29807 of 2016 & con. cases 68 **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.** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 69 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.27311 OF 2019(L)** ## **PETITIONER:** **VIPIN.K.V., AGED 34 YEARS S/O.VASU, KANYAMKOTTUCHALIL, PERUVAMPADAM, EDIVANNA, NILAMBUR, MALAPPURAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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, IDUKKI-686668.**| |**4**|**THE DISTRICT COLLECTOR, IDUKKI DISTRICT,**| ||**COLLECTORATE, IDUKKI-685602.**| WPC No. 29807 of 2016 & con. cases 70 **5 BHARAT PETROLEUM CORPORATION LIMITED, REP. BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, COCHIN-682309.** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 71 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.27314 OF 2019(L)** ## **PETITIONER:** **SAJI JOSEPH, AGED 48 YEARS S/O.JOSEPH, KURIATHU, EDANADU P.O., PALA, KOTTAYAM. BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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, KOTTAYAM-686001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM-**| ||**686001.**| WPC No. 29807 of 2016 & con. cases 72 **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.** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 73 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.27367 OF 2019(U)** ## **PETITIONER:** **VIJAYA MANOHAR, AGED 49 YEARS W/O.C.S.MANOHAR, MANASVI, PALLATHADKA P.O., EDANAD, SEETHANGOLI, KASARGOD.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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, KASARAGOD-671121.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KASARAGOD DIST. COLLECTORATE, VIDYA NAGAR,**| ||**KASARAGOD -671123.**| WPC No. 29807 of 2016 & con. cases 74 **5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-6739011.** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER** **SMT.PRINCY XAVIER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 75 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.27965 OF 2019(U)** ## **PETITIONER:** **SHANU GEORGE CHERIAN, AGED 27 YEARS S/O. CHERIAN GEORGE, VENKEDATH HOUSE, THIRUVANCHOOR, KOTTAYAM** **BY ADVS. SRI.ALEX.M.SCARIA SRI.G.BAIJURAJ DR.M.H.HUBAISE SMT.SARITHA THOMAS SHRI.AKHIL A.G.** ## **RESPONDENTS:** **1 THE DISTRICT MAGISTRATE KK ROAD, PO, COLLECTORATE, KOTTAYAM, KERALA - 686 002** **2 THE EXECUTIVE ENGINEER (PWD) PWD OFFICE COMPLEX, KOTTAYAM, KERALA - 686 001** ## **BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 76 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.28001 OF 2019(A)** ## **PETITIONER:** **NOUFAL KONHANTE VALAPPIL, AGED 29 YEARS S/O AHAMMED HAJI , ARAMULLAN VALIYAMADATHUMMAL, KONHANTE VALAPPIL, MADAYYI P.O.PUTHIYANGADI, KANNUR.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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 STAT**| ||**TRANSPORT PROJECT, JAGAD BUILDINGS,**| ||**KOWDIAR P.O.THIRUVANANTHAPURAM-695 003.**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**PWD ROADS DIVISION, KANNUR-670003.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KANNUR DIST, COLLECTORATE, KASARAGOD-670002.**| WPC No. 29807 of 2016 & con. cases 77 **5 BHARAT PETROLEUM CORPORATION LTD, REP BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011.** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER** **SMT.PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 78 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.28002 OF 2019(A)** ## **PETITIONER:** **ABY GEORGE, AGED 46 YEARS S/O. T.V GEORGE, ABY BHAVANAM, SOORANADU SOUTHAM, PATHARAM, KOLLAM** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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**| |**4**|**THE DISTRICT COLLECTOR,**| ||**PATHANAMTHITTA DIST COLLECTORATE,**| ||**KOLLAM 691 008**| WPC No. 29807 of 2016 & con. cases 79 **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** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 80 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.28006 OF 2019(A)** ## **PETITIONER:** **SAJU.S.N., AGED 29 YEARS S/O.ANANDAN K, SIJU NIVAS CHAYOTH.P.O, NILESWAR, KASARGOD BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REP BY THE ADDL.CHIEF SECRETARY,**| ||**KERALA PUBLIC WORKS DEPARTMENT**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001**| |**2**|**KERALA PUBLIC WORKDS DEPARTMENT**| ||**REP BY THE PROJECT DIRECTOR KERALA STATE**| ||**TRANSPORT PROJECT JAGAD BUILDING,**| ||**KOWDIAR.P.O, THIRUVANANTHAPURAM-695003**| |**3**|**THE EXECUTIVE ENGINEER**| ||**PWD ROADS DIVISION, KASARAGOD-671121**| |**4**|**THE DISTRIT COLLECTOR,**| ||**KASRAGOD DIST COLLECTORARE, VIDYA NAGAR,**| ||**KASARAGOD-671123**| WPC No. 29807 of 2016 & con. cases 81 **5 BHARAT PETROLEUM CORPORATION LTD REP BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-6739011** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 82 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.28008 OF 2019(A)** ## **PETITIONER:** **SAKKU JAYS, AGED 29 YEARS S/O.JAYS ABRAHAM, FLAT NO.403, KALYANS KSM RESIDENCY RAGHAVAN KALYAN ESTATES, VARAPAL, HYDREBAD** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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 KERALA STATE TRANSPORT**| ||**PROJECT JAGAD BUILDINGS, KOWDIAR.P.O.,**| ||**THIRUVANANTHAPURAM-695003**| |**3**|**THE EXECUTIVE ENGINEER**| ||**PWD ROADS DIVISIONS, PATHANAMTHITTA-689645**| |**4**|**THE DISTRICT COLLECTOR,**| ||**PATHANAMTHITTA DIST COLLECTORATE,**| ||**PATHANAMTHITTA-689645**| WPC No. 29807 of 2016 & con. cases 83 **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** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 84 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.28853 OF 2019(F)** ## **PETITIONER:** **DELVIN DENNY, AGED 24 YEARS S/O.BENNY MATHEW, OODUVELIL HOUSE, MANJAPRA P.O., VADAKKENCHERY, PALAKKAD.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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, PALAKKAD - 678 001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**PALAKKAD DIST., COLLECTORATE, PALAKKAD - 678**| ||**013.**| WPC No. 29807 of 2016 & con. cases 85 **5 INDIA OIL CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPPILLY NAGAR P.O., KOCHI - 682 036.** **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 R1 TO R4 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 86 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.29043 OF 2019(E)** ## **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:** |**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**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOLLAM DIST., COLLECTORATE, KOLLAM-691 013**| WPC No. 29807 of 2016 & con. cases 87 **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** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.PRINCY XAVIER.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 88 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.29052 OF 2019(F)** ## **PETITIONER:** **MUHAMMED ALI, AGED 31 YEARS S/O. SOURYATH, VENGASSERY, KALATHIL HOUSE, CHEERAKUZHY, KIZHAKKANCHERY P.O, PALAKKAD.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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, PALAKKAD-678 001**| |**4**|**THE DISTRICT COLLECTOR,**| ||**PALAKKAD DIST., COLLECTORATE, PALAKKAD-678 013**| WPC No. 29807 of 2016 & con. cases 89 **5 INDIA OIL CORPORATION LTD. REP. BY ITS CHIEF REGIONAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O, KOCHI-682 036** WPC No. 29807 of 2016 & con. cases 90 **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 91 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.29195 OF 2019(Y)** ## **PETITIONER:** **NASIRA MOL, AGED 25 YEARS D/O NAZER, ONGALLOOR VEEDU, NALUKANDAM, EDATHANATTUKARA, PALAKKAD.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REP BY THE ADDL. CHIEF SECRETARY, KERALA**| ||**PUBLIC WORKS DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT, THIRUVANANTHAPURAM**| |**2**|**KERALA PUBLIC WORKS DEPARTMENT**| ||**REP BY THE PROJECT DIRECTOR, KERALA STATE**| ||**TRANSPORT PROJECT JAGD BUILDINGS, KOWDIAR**| ||**P.O.THIRUVANANTHAPURAM-695 003.**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**PWD ROADS DIVISION, PALAKKAD-678 001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**PALAKKAD DIST, COLLECTORATE, PALAKKAD-678 013.**| WPC No. 29807 of 2016 & con. cases 92 **5 INDIA OIL CORPORATION LTD, REP BY ITS CHIEF REGIONAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O.KOCHI-682 036.** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 93 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.29246 OF 2019(E)** ## **PETITIONER:** **AJAY SAMSON, AGED 28 YEARS S/O. SAMSON VARGHESE, PEREPPADAN, MALA P.O., VEDAMA, THRISSUR.** **BY ADVS. SHRI. SUNIL KUMAR M. SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE ADDL. CHEIF 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-695003.**| |**3**|**THE EXECUTIVE ENGINEER**| ||**PWD ROADS DIVISION, THRISSUR-680 003.**| |**4**|**THE DISTRICT COLLECTOR**| ||**THRISSUR DISTRICT, COLLECTORATE, THRISSUR-680**| ||**003.**| WPC No. 29807 of 2016 & con. cases 94 **5 BHARAT PETROLEUM CORPORATION LIMITED REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION IRIMPANAM, COCHIN-682 309.** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 95 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.29249 OF 2019(E)** ## **PETITIONER:** **SHIRIL ABRAHAM KURUVILA, AGED 37 YEARS S/O P.A.KURUVILA, PADUTHOTTU HOSUE, VENNIKULAM, THIRUVALLA, PATHANAMTHITTA.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE ADDITIONAL CHEIF SECRETARY,**| ||**KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695 001.**| |**2**|**KERLAA 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, MINI CIVIL STATION,**| ||**PATHANAMTHITTA-689 645.**| |**4**|**THE DISTRICT COLLECTOR**| ||**KOLLAM DISTRICT COLLECTORATE, PATHANAMTHITTA-**| ||**689 645.**| WPC No. 29807 of 2016 & con. cases 96 **5 BHARAT PETROLEUM CORPORATION REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM COCHIN-682 309.** **R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 97 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.29365 OF 2019(U)** ## **PETITIONER:** **JOSEPH, AGED 55 YEARS S/O. THOMAS, PULIKKATHODIYIL, CHANGALAGIRI, CHANGALAGIRI-678762, MANNARKKAD, PALAKKAD DISTRICT.** **BY ADVS. SRI.K.MOHANAKANNAN SRI.H.PRAVEEN (KOTTARAKARA)** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,**| ||**PUBLIC WORKS DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE CHIEF ENGINEER(ROADS)**| ||**PUBLIC WORKS DEPARTMENT, MUSEUM P O,**| ||**THIRUVANANTHAPURAM-695033.**| |**3**|**THE EXEUCUTIVE ENGINEER,**| ||**ROADS DIVISION, PALAKKAD-678001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**COLLECTORATE, KUNNATHURMEDE,**| ||**PALAKKAD-678013.**| WPC No. 29807 of 2016 & con. cases 98 **5 INDIAN OIL CORPORATION, REPRESENTED BY THE DEPUTY GENERAL MANAGER(RS), INDIAN OIL CORPORATION, COCHIN DIVISION OFFICE, PANAMPALLY AVENUE, PANAMPALLY NAGAR (P.O), KOCHI-682036.** **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 R1 TO R4 BY GOVERNMENT PLEADER SMT.PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 99 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.29864 OF 2019(G)** ## **PETITIONER:** **MATHEW JAMES, AGED 46 YEARS S/O. T.M.JAMES, THERANTHANAM, SH MOUNT P.O., KOTTAYAM-686 006.** **BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.VEENA RAVEENDRAN** ## **RESPONDENTS:** |**1**|**THE DISTRICT COLLECTOR**| |---|---| ||**DISTRICT COLLECTORATE, COLLECTORATE P.O.,**| ||**KOTTAYAM-686 002.**| |**2**|**THE EXECUTIVE ENGINEER**| ||**O/O. EXECUTIVE ENGINEER, PWD ROAD DIVISION,**| ||**KOTTAYAM-686 001.**| |**3**|**THE DEPUTY GENERAL MANAGER (RETAIL SALES)**| ||**INDIAN OIL CORPORATION LTD., TRIVANDRUM**| ||**DIVISIONAL OFIFCE, GROUND FLOOR, PREMIER PARK,**| ||**INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O.,**| ||**THIRUVANANTHAPURAM-695 008.**| WPC No. 29807 of 2016 & con. cases 100 **4 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, LMS VELLAYAMBALAM ROAD, MUSEUM P.O., THIRUVANANTHAPURAM-695 033.** **R3 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R3 BY ADV. SRI.K.JOHN MATHAI R3 BY ADV. SRI.JOSON MANAVALAN R3 BY ADV. SRI.KURYAN THOMAS R3 BY ADV. SRI.PAULOSE C. ABRAHAM BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 101 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.29938 OF 2019(N)** ## **PETITIONERS:** - **1 ANANDU KRISHNA.S, AGED 29 YEARS S/O. K. R. SIVAN, RESIDING AT KUNNEL HOUSE, AMALAGIRI P. O., KOTTAYAM 686 561** - **2 K. I. ASHRAF, AGED 59 YEARS S/O. K. S. IBRAHIM, KADAVU KARAYIL, 3RD MILE, KOOTTICKAL, KOTTAYAM DISTRICT.** **BY ADVS. SRI.V.S.AFSAL KHAN SRI.SADER E.REAZ SRI.V.A.SHAJI SHRI.S.A.SHAKUR NAVAZ SMT.S.DHANYA** ## **RESPONDENTS:** - **1 STATE OF KERALA PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM - 695 033. REPRESENTED BY THE SECRETARY TO GOVERNMENT** - **2 THE DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM DISTRICT, PIN - 686 002.** - **3 THE EXECUTIVE ENGINEER P.W.D. WING, KOTTAYAM - 686 001** WPC No. 29807 of 2016 & con. cases 102 **4 HINDUSTHAN PETROLEUM CORPORATION LTD. ERNAKULAM, COCHIN, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, (RETAIL), PIN - 682 018.** **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 R1 TO R3 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 103 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.31178 OF 2019(V)** ## **PETITIONER:** **SHEEBA S., AGED 37 YEARS W/O.SUNDARESAN, VETTUVILANGATHIL, PADA NORTH KARUNAGAPPALLY, KOLLAM** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REP BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC**| ||**WORKS DEPARTMENT GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001**| |**2**|**KERAL APUBLIC WORKS DEPARTMENT**| ||**REP BY THE PROJECT DIRECTOR KERALA STATE**| ||**TRANSPORT PROJECT JAGAD BUILDING, KOWDIAR.P.O,**| ||**THIRUVANATHAPURAM-695003**| |**3**|**THE EXECUTIVE ENGINEER**| ||**PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691001**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOLLAM DIST, COLLECTORATE, KOLLAM-691013**| WPC No. 29807 of 2016 & con. cases 104 **5 BHARAT PETROLEUM CORPORATION LIMITED REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION IRIMPANAM, KOCHI-682309** **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 R1 TO R4 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 105 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.31258 OF 2019(F)** ## **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** ## **RESPONDENTS:** |**1**|**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.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOLLAM DIST, COLLECTORATE, KOLLAM-691001.**| WPC No. 29807 of 2016 & con. cases 106 **5 BHARAT PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER,ERNAKULAM TERRITORY,IRIMPANAM INSTALLATION, IRIMPANAM, KOCHI-682309.** **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 R1 TO R4 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 107 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.31982 OF 2019(W)** ## **PETITIONER:** **SANIL KUMAR P.V., AGED 40 YEARS S/O.ANANDAN NAMBIAR, PUTHEN VEEDU, CHAVASSERY, KANNUR.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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,**| ||**KERALA STATE TRANSPORT PROJECT DIVISION, PWD**| ||**ROADS DIVISION, KANNUR - 670 013.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KANNUR DIST., COLLECTORATE, KANNUR - 670 002.**| WPC No. 29807 of 2016 & con. cases 108 **5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, CALICUT TERRITORY OFFICE, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT - 673 011.** **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 R1 TO R4 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 109 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.32468 OF 2019(G)** ## **PETITIONER:** **BINDU LAKSHMANAN, AGED 46 YEARS W/O. THANKARAJ, 23/2690, VATTATHRAPARAMBIL, PALLURUTHY, ERNAKULAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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.**| |**3**|**THE EXECUTIVE ENGINEER**| ||**PWD ROADS DIVISION,**| ||**THIRUVANANTHAPURAM-695 033.**| |**4**|**THE DISTRICT COLLECTOR**| ||**COLLECTORATE,**| ||**THIRUVANANTHAPURAM DISTRICT-695 035.**| WPC No. 29807 of 2016 & con. cases 110 **5 BHARAT PETROLEUM CORPORATION LTD. REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICER, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O. KOCHI-682 309.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 111 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.32471 OF 2019(H)** ## **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** ## **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, MALAPPURAM-676505.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**COLLECTORATE, MALAPPURAM DISTRICT-676505.**| WPC No. 29807 of 2016 & con. cases 112 **5 NAYARA ENERGY LIMITED, REP. BY ITS CHIEF REGIONAL MANAGER, 6B, 6TH FLOOR, NOEL FOCUS SEAPORT-AIRPORT ROAD, CHITTETHUKARA, CSEZ P.O., KOCHI-682037.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 113 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.32776 OF 2019(V)** ## **PETITIONER:** **VISHNU.L.J, AGED 32 YEARS S/O.JANARDHANAN, ERNHIKKAL HOUSE, NEELESWARAM P.O., KOZHIKODE.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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.**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**PWD ROADS DIVISION, KOZHIKODE-673 002.**| |**4**|**THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT,**| ||**COLLECTORATE, KOZHIKODE-673 020.**| WPC No. 29807 of 2016 & con. cases 114 **5 HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGION, WEST HILL CHUNGAM, KOZHIKODE-673 005.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 115 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.32789 OF 2019(W)** ## **PETITIONER:** **SUBHASH KUMAR.D.S, AGED 39 YEARS S/O DASAN, SUHESH MANDIRAM, AYIROOR, ARUVIPURAM, THIRUVANANTHAPURAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **RESPONDENTS:** - **1 THE STATE OF KERALA REP BY THE ADDL.CHIEF SECRETARY, KERALA PUBIC 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, THIRUVANANTHAPURAM-695 033.** - **4 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM DIST-695 035.** WPC No. 29807 of 2016 & con. cases 116 **5 HINDUSTAN PETROLEUM CORPORATION LTD, REP BY ITS CHEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O.P.B.NO.1601, COCHIN 682 018.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 117 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.32826 OF 2019(C)** ## **PETITIONER:** **VARSHA PRABHAKARAN, AGED 29 YEARS D/O.B.PRABHAKARAN, SREE VISHAKAM, KOPPANAM, PIRAPANCODE, TRIVANDRUM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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**| ||**SATE TRANSPORT PROJECT, JAGAD BUILDINGS,**| ||**KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**PWD ROADS DIVISION, KASARAGODE-671 121.**| |**4**|**THE DISTRICT COLLECTOR, KASARAGODE DISTRICT,**| ||**COLLECTORATE, KASARAGODE-671 123.**| WPC No. 29807 of 2016 & con. cases 118 **5 BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD,, NADAKKAVUR WEST, CALICUT-673 011.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 119 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.33429 OF 2019(C)** ## **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** ## **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.** WPC No. 29807 of 2016 & con. cases 120 - **4 THE DISTRICT COLLECTOR, KOZHIKODE DIST,COLLECTORATE, KOZHIKODE-673020.** - **5 HINDUSTAN PETROLEUM CORPORATION LTD, REP.BY ITS CHIEF REGIONAL MANAGER,KOZHIKODE RETAIL REGION,WEST HILL CHUNGAM, KOZHIKODE-673005.** - **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** The 3[rd] respondent in the wp(c) is corrected as 'The Executive Engineer, PWD Roads Division, Kannur670002' and the 4[th] respondent herein is corrected as 'The District Collector, Kannur-670002', as per order dated 24.01.2020 in I.A. 1/2020. Sd/- Assistant Registrar WPC No. 29807 of 2016 & con. cases 121 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.33507 OF 2019(K)** ## **PETITIONERS:** **NASEEF M.P, AGED 31 YEARS S/O.KUNHALI, MEETHALE PYNGOL, KALLACHI, VANIMEL, VADAKARA, KOZHIKODE. BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOZHIKODE DISTRICT, COLLECTORATE,**| ||**KOZHIKODE-673020.**| WPC No. 29807 of 2016 & con. cases 122 **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.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 123 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.33712 OF 2019(L)** ## **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:** **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, KOZHIKODE - 673 002. 4 THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT, COLLECTORATE, KOZHIKODE - 673 020.** WPC No. 29807 of 2016 & con. cases 124 **5 BHARAT PETROLEUM CORPORATION LTD., REP BY ITS CHEIF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 125 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.33714 OF 2019(L)** ## **PETITIONER:** **HARIDAS.V.P, AGED 51 YEARS S/O PARAMESWARAN NAIR, SREEPADMAM, MULLASSERI, PARAMBIL, KOOKAPARAMBU, THIRUVEGAPURA, NADUVATTOM P.O.PATTAMBI, PALAKKAD.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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, MANJERI-676 121.** - **4 THE DISTRICT COLLECTOR, MALAPPURAM DIST, COLLECTORATE, MALAPPURAM-676 505.** WPC No. 29807 of 2016 & con. cases 126 **5 BHARAT PETROLEUM CORPORATION LTD, REP BY ITS CHIEF REGIONAL MANAGER, CALICUT TERRITORY OFFICE, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 127 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.33937 OF 2019(N)** ## **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:** |**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.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOTTAYAM DIST. COLLECTORATE,**| ||**KOTTAYAM - 686 001.**| WPC No. 29807 of 2016 & con. cases 128 **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.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 129 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.33968 OF 2019(U)** ## **PETITIONER:** **SHERIN NOWSHAD, AGED 36 YEARS W/O NOUSHAD, JAFFER ALI K/NO.392, VELLANTHARA, KOLLENGODE1, PALAKKAD.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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, PALAKKAD - 678 001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**PALAKKAD DIST., COLLECTORATE,**| ||**PALAKKAD - 678 013.**| WPC No. 29807 of 2016 & con. cases 130 **5 HINDUSTAN PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGION, ELATHUR, KOZHIKODE - 673 303.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 131 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.34530 OF 2019(M)** ## **PETITIONER:** **UNNIKRISHNAN.K.KALLAMPARAMPIL, AGED 57 YEARS S/O.RAMAN, KALLAMPARAMBIL HOUSE, CHERUCODE, PORUR, CHTHANGOTTUPURAM, MALAPPURAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **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 BUILDING,**| ||**KOWDIAR P.O., THIRUVANANTHAPURAM- 695003.**| |**3**|**THE EXECUTIVE ENGINEER,**| ||**PWD ROADS DIVISION, MALAPPURAM- 676505.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**COLLECTORATE, MALAPPURAM DISTRICT- 676505.**| WPC No. 29807 of 2016 & con. cases 132 **5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWER, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT- 673011.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 133 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.34562 OF 2019(U)** ## **PETITIONER:** **AMBILI DILEEP, AGED 37 YEARS W/O DILEEP, THAIPPADATH HOUSE, PUTHUSSERY, IRITTY P.O., KANNUR.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**REP BY THE ADDL. CHIEF SECRETARY, KERALA**| ||**PUBLIC WORKS DEPARTMENT, GOVERNMENT**| ||**SSECRETARIAT, 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, KANNUR - 670 003.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KANNUR DIST, COLLECTORATE,**| ||**KASARAGOD - 670 002.**| WPC No. 29807 of 2016 & con. cases 134 **5 BHARAT PETROLEUM CORPORATION LTD., REP BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SRI. MANOJ KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 135 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** **WP(C).No.34654 OF 2019(F)** ## **PETITIONER:** **REJINA DANNISH, AGED 33 YEARS W/O.DHANNISH, AYANI THAHZKUNI, MUTHUVADATHOOR, PURAMERI, VADAKARA, KOZHIKODE.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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, KOZHIKODE - 673 002. 4 THE DISTRICT COLLECTOR, KOZHIKODE DIST., COLLECTORATE, KOZHIKODE - 673 020.** WPC No. 29807 of 2016 & con. cases 136 **5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT - 673 011.** **R5 BY ADV. M.GOPIKRISHNAN NAMBIAR, SC R1 TO R4 BY GOVERNMENT PLEADER SRI.MANOJ KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 137 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.30823 OF 2019(C)** ## **PETITIONER:** **PRAKASH, K., AGED 51 YEARS S/O KOCHU NARAYAN NAIR,POURNAMI, KOKKAD,CHAKKUVARAKKAL,KOLLAM.** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL** ## **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 ADDL.CHIEF SECRETARY,**| ||**KERALA PUBLIC WORKS DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE EXECUTIVE ENGINEER,**| |---|---| ||**PWD ROADS DIVISION,BEACH ROAD,**| ||**KOLLAM-691001.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOLLAM DIST,COLLECTORATE,**| ||**KOLLAM-691013.**| WPC No. 29807 of 2016 & con. cases 138 **5 INDIAN OIL CORPORATION LIMITED, REP BY ITS DEPUTY GENERAL MANAGER,GROUND FLOOR,PREMIER PARK,INCHAKKAL BYE PASS ROAD, VALLAKKADAVU.P.O,THIRUVANANTHAPURAM-695008.** **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 R1 TO R4 BY GOVERNMENT PLEADER SMT. VINITHA B.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2019, ALONG WITH WP(C).29807/2016 AND CONNECTED CASES, THE COURT ON 19-12-2019 DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 139 ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941** ## **WP(C).No.5528 OF 2019(M)** ## **PETITIONER:** **HINDUSTAN PETROLEUM CORPORATION LTD., KOZHIKODE RETAIL REGIONAL OFFICE, KANNUR ROAD, NEAR RAILWAY STATION, ELATHUR, KOZHIKODE-673303, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, MR.NAVEEN KUMAR M.G.** **BY ADVS.** **SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SMT.NAYANPALLY RAMOLA** ## **RESPONDENTS:** |**1**|**ADDITIONAL DISTRICT MAGISTRATE,**| |---|---| ||**COLLECTORATE ROAD, KANNUR-670002.**| |**2**|**DISTRICT COLLECTOR,**| ||**COLLECTORATE ROAD, KANNUR-670002.**| |**3**|**KERALA PUBLIC WORKS DEPARTMENT,**| ||**REPRESENTED BY ITS PRINCIPAL SECRETARY,**| ||**GOVERNMENT SECRETARIAT, THIRUVANANTHPAURAM-**| ||**695001.**| |**4**|**CHIEF ENGINEER,**| ||**PWD ROAD AND BRIDGES, MUSEUM P.O.,**| ||**THIRUVANANTHAPURAM-695033.**| WPC No. 29807 of 2016 & con. cases 140 - **5 EXECUTIVE ENGINEER, PWD ROADS AND BRIDGES DIVISION, CIVIL STATION, KANNUR-670001.** - **6 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM -695001.** **R5 BY SPECIAL GOVERNMENT PLEADER SRI. MANOJ KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2019, ALONG WITH WP(C).29005/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC No. 29807 of 2016 & con. cases 141 ## **P.B.SURESH KUMAR, J.** **----------------------------------------------W.P.(C) Nos.29005, 29052, 28006, 28002, 29246, 26658, 26583, 27965, 28008, 26561, 29043, 27367, 28001, 27311, 29864, 29195, 25650, 32468, 31982, 30823, 32471, 29365, 29938, 33712, 33507, 33429, 32826, 32789, 32776, 33937, 33968, 31258, 31178, 33714, 28853, 27314, 27274, 29249, 34530, 34562 & 34654 of 2019 (I)** **W.P.(C) Nos.23887, 25180, 25367, 25937, 23644, 23849, 25403, 25990, 25992, 26157, 26164 & 23176 of 2019 (II) W.P.(C) Nos.14674, 17695, 24469, 21175, 16532, 17720, 22116, 24632, 24633, 24641, 24642, 24646, 25076, 26152 & 26195 of 2019 (III)** ## **W.P.(C) Nos.29807 of 2016 & 5528 of 2019 (IV) -----------------------------------------------** ## **Dated 19[th] December, 2019.** ## **J U D G M E N T** In terms of Rule 144 of the Petroleum Rules, 2002 (the Rules) framed under the Petroleum Act, 1934 (the Act), No-objection certificate of the District Authority under the WPC No. 29807 of 2016 & con. cases 142 Rules is a mandatory pre-requisite for obtaining licence for establishing petroleum retail outlets. The question involved in this batch of writ petitions is whether No-objection certificate for the said purpose could be denied on the ground that the site proposed for the outlet is not one conforming to the Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations prescribed by Indian Roads Congress (IRC Guidelines) and the Norms for the Access for Fuel Stations, Service Stations and Rest Areas along National Highways prescribed by the Ministry of Road Transport and Highways, Government of India (MORTH Norms). 2. The batch comprises of four categories of cases, of which the first category are cases in which dealers selected by 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 second category are cases similar to the first category in which the petitioners could secure interim orders from this court directing consideration of WPC No. 29807 of 2016 & con. cases 143 the applications for No-objection certificates without insisting compliance of IRC Guidelines and MORTH Norms, subject to the outcome of the writ petitions. The third category are cases 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. The fourth category are cases in which one of the Oil Marketing Companies is challenging the decisions of the District Authority under the Rules in declining No-objection certificate sought by them on the ground that the sites involved do not conform to IRC Guidelines and MORTH Norms . 3. It is necessary to refer to the facts of the two cases coming under the fourth category for a proper examination of the question involved. Among the said cases, the petitioner in W.P.(C) No.5528 of 2019 has decided to establish a retail petroleum outlet at Padiyoor in Kannur District and preferred application before the District Authority for No-objection certificate. The application was forwarded by the District Authority for the remarks of the various Government Departments including the Public Works WPC No. 29807 of 2016 & con. cases 144 Department which is responsible, among others, for the road safety in the State. Ext.P6 is the report forwarded by the concerned Executive Engineer of the Public Works Department to the District Authority in this regard. As per the said report, the District Authority was informed that the site proposed does not conform to the IRC Guidelines. In the light of Ext.P6 report, the District Authority declined the No-objection certificate sought by the petitioner in terms of Ext.P7 order. Ext.P7 order is under challenge in the said writ petition. 4. The facts of W.P(C).No.29807 of 2016 are similar. In that case, the request for No-objection certificate was declined in terms of Ext.P8 order holding that the site proposed does not conform to IRC Guidelines as also MORTH Norms. 5. The case set out by the petitioner in W.P.(C) No. 5528 of 2019 is that IRC Guidelines do not have the force of law and therefore the District Authority ought not have rejected the request for No-objection certificate sought by them on the basis of the said guidelines. The case set out by the petitioner in W.P(C).No.29807 of 2016 as far as IRC WPC No. 29807 of 2016 & con. cases 145 Guidelines is same as in W.P.(C) No.5528 of 2019. As far as the MORTH Norms, the case set out is that it do not apply to the site involved in that case which is situated on the side of a State Highway and that MORTH Norms apply only to plots along National Highways. 6. A counter affidavit has been filed in W.P.(C) No.5528 of 2019 by the fifth respondent therein. The stand taken in the said counter affidavit is that IRC Guidelines being a set of norms formulated after a thorough research, field observations and deliberations with all the stakeholders, the Public Works Department of the State Government is following the same for road safety purposes relating to State Highways, Major District Roads and Rural Roads. It is also the stand of the fifth respondent that the MORTH Norms are being followed for road safety purposes relating to all the National Highways in the State. 7. A counter affidavit has been filed on behalf of the State in W.P(C).No.29807 of 2016 also taking the stand that the site involved does not conform to IRC Guidelines and MORTH Norms in so far as the said guidelines and norms relate WPC No. 29807 of 2016 & con. cases 146 to the frontage, depth, buffer strip as also the length of the entry and exit portions. As regards the applicability of the MORTH Norms, a stand different from the stand taken in W.P. (C) No.5528 of 2019 is taken in this writ petition. It is stated in the counter affidavit that MORTH Norms apply to all roads in the State including National Highways. 8. Heard Shri P.Gopinath Menon, learned Senior Counsel, Shri Santhosh Mathew, Smt.A.Salini Lal and Shri R.Sunil Kumar for the petitioners as also the learned Government Pleader. 9. Shri P.Gopinath Menon, the learned Senior Counsel for the petitioners in W.P.(C).Nos.5528 of 2019 and 29807 of 2016 contended that the Indian Road Congress being only a society registered under the Societies Registration Act, the guidelines prescribed by them, viz, IRC Guidelines do not have the force of law. It was pointed out by the learned Senior Counsel that the said issue is covered in favour of the petitioner by the decision of this Court in **Mary Ulahannan v. Union of India** [2011 (3) KLT 570]. It was also pointed out by the learned Senior Counsel that it has been clarified by this WPC No. 29807 of 2016 & con. cases 147 Court in the said case that IRC Guidelines cannot be the basis for the decision of the District Authority under Rule 144 of the Rules. It was also pointed out by the learned Senior Counsel that the said proposition has been reiterated by this court in W.P.(C)No.2186 of 2015 also. It was also pointed out by the learned Senior Counsel that in an identical case, in **Mukesh Yadav v. State of U.P.** (2018(3) ADJ 611), the Allahabad High Court has also held that IRC Guidelines shall not be the basis for the decision under Rule 144 of the Rules. The essence of the arguments of the learned Senior Counsel was, therefore, that the rejection of the applications for No-objection certificates on the ground that the sites do not conform to IRC Guidelines is unsustainable in law. As far as the MORTH Norms, the learned Senior Counsel contended that the same would apply only to the fuel stations situated along the National Highways. It was pointed out by the learned Senior Counsel that, the said norms, in the circumstances, ought not have been applied by the District Authority in the matter of passing Ext.P8 order in W.P.(C) No.29807 of 2016, in as much as the fuel station in respect of which No-objection certificate WPC No. 29807 of 2016 & con. cases 148 was sought in that case was one proposed on the side of a State Highway. 10. The learned counsel for the petitioners in the cases falling under the first three categories reiterated the arguments advanced by the learned Senior Counsel for the petitioners in W.P.(C).Nos.5528 of 2019 and 29807 of 2016, and contended that in so far as IRC Guidelines do not have the force of law, the petitioners in those cases are entitled to directions for consideration of the applications for No-objection certificate without insisting compliance of the IRC Guidelines. It was also their stand that MORTH Norms would apply only to Petroleum Outlets along the National Highways. Among them, Shri.Santhosh Mathew has contended, in addition, that the dealers selected by the Oil Marketing Companies have a fundamental right to establish the dealership under Article 19(1)(g) of the Constitution and the same can be restricted only by law. According to the learned counsel, No-objection certificate under Rule 144 of the Rules cannot be rejected by the District Authority based on the IRC Guidelines which do not have the force of law, for the same would be violative of the WPC No. 29807 of 2016 & con. cases 149 fundamental right guaranteed to the petitioners under Article 19(1)(g) of the Constitution. 11. _Per contra_ , the learned Government Pleader pointed out that Public Works Department of the State which is the limb of the Government responsible for the safety of road users is discharging its function in terms of the PWD Manual formulated by the State Government and IRC Guidelines which is part of the PWD Manual for all matters relating to road safety. It was also pointed out by the learned Government Pleader that in so far as IRC Guidelines are being followed by the State Government in all matters relating to road safety, the District Authority under the Rules cannot be found fault with for following the same in the matter of granting Noobjection certificate under the Rules for establishment of petroleum outlets in the State. The learned Government Pleader has placed reliance on the decision of the Apex Court in **Indian Oil Corporation Limited and Others v. Arti Devi Dangi and another** [(2016)15 SCC 480], in support of the said contention. Placing reliance on the provisions of the Kerala Highway Protection Act, 1999, the learned Government Pleader WPC No. 29807 of 2016 & con. cases 150 has also pointed out that the Executive Engineers concerned of the Public Works Department are functioning as Highway Authorities under the said statute and IRC Guidelines are being followed by the Highway Authorities under the said statute also in matters relating to road safety and also for prevention of ribbon development along highways and control of access, in exercise of the powers under Chapter V of the said statute. The contention of the learned Government Pleader based on the provisions of the Kerala Highway Protection Act was, therefore, that IRC Guidelines is relevant in the matter of permitting establishment of petroleum outlets on the side of State Highways, hill highways, major district roads and other category of roads, in order to prevent ribbon development along the highways and roads falling under the said Act. 12. In reply to the arguments advanced by the learned Government Pleader, the learned Senior Counsel for the petitioners in W.P.(C) Nos.29807 of 2016 and 5528 of 2019 contended that the PWD Manual has been amended only in terms of an executive order issued on 22.10.2019 and the same does not, therefore, apply to the applications for No- WPC No. 29807 of 2016 & con. cases 151 objection certificates preferred prior to 22.10.2019. It was also contended by the learned Senior Counsel that the decision of the Apex Court in **Arti Devi Dangi** would not also apply to the facts of the present cases as the case dealt with therein was a case from a State where IRC Guidelines were adopted by the Public Works Department of the State as on the date of the application for No-objection certificate. In reply to the arguments raised by the learned Government Pleader, Shri Santhosh Mathew has also contended, placing reliance on Rule 161 of the Rules, that the District Authority under the Rules is precluded from following any norms for the discharge of its function under Rule 144, other than rules, if any, framed by the Central Government. 13. I have given my thoughtful consideration to the contentions raised by the learned counsel on either side. 14. It is seen that the Rules are framed by the Central Government in exercise of the powers conferred, among others, under sub-section (1) of Section 29 of the Act. Sub-section (1) of Section 29 deals with the power of the Central Government to make provisions for protecting the WPC No. 29807 of 2016 & con. cases 152 public from danger arising from import, transport, storage, production, refining or blending of petroleum products. It is also seen that No-objection certificate under Rule 144 of the Rules is issued so as to enable the applicant to obtain licence under the Rules for storage of petroleum products. The proforma in which the No-objection certificate is to be issued, as contained in sub-rule (7) of Rule 144, indicates the matters to be considered by the District Authority while granting/refusing No-objection certificate. They are the following: - (a) possession of the site by the applicant is lawful and authorisation from land owner or lease holder for developing premises under these rules for storage of petroleum products; - (b) interest of public, specially the facilities like schools, hospitals or proximity to places of public assembly and the mitigating measures, if any, is provided; - (c) traffic density and impact on traffic; - (d) conformity of proposal to the local or area development planning; - (e) accessibility of the site to fire tenders in case of emergency and preparedness of fire services for WPC No. 29807 of 2016 & con. cases 153 ## combating the emergencies; (f) genuineness of purpose; (g) any other matter pertinent to public safety. It is evident from the extracted portion of sub rule (7) of Rule 144 that the District Authority is expected to consider in terms of the Rules, among others, the interest of the public, specially the facilities like schools, hospitals or proximity to places like public assembly and the mitigating measures if any provided, the traffic density, impact on traffic, accessibility of the site to the fire tenders in the case of emergency and preparedness of fire services for combating emergencies and other matters pertinent to public safety. It is thus clear that the Rules is a public safety legislation. Right to life guaranteed under Article 21 of the Constitution is one of the most sacred rights preserved and protected by our Constitution. It is trite that Article 21 of the Constitution has to be read into every public safety legislation since the prime object of public safety legislations is to protect the right to life guaranteed by the State to its citizenry. It is also trite that the duty of care expected from the State and its officials functioning under WPC No. 29807 of 2016 & con. cases 154 public safety legislations is that of a very high degree when compared to the duty of care expected from functionaries of other legislation [see **MCD v. Uphaar Tragedy Victims Assn.** ((2011) 14 SCC 481)]. 15. The duty of care is the legal responsibility of a person to avoid any behavior or omissions that could reasonably be foreseen to cause harm to others. The duty of care to be exercised by a statutory authority would depend upon various factors such as relevant statutes, rules, regulations, general standard of care etc. If specific duties are written into law, there may not be any difficulty for the competent authority to discharge its functions. However, if specific duties are not written into law, the authorities must act with the same degree of care that an ordinary person would have acted in the same situation. Reverting to the facts, the Rules have prescribed only the matters to be considered while granting/refusing No-objection certificate. Since specific duties to be performed have not been prescribed, as noted, the District Authority under the Rules is expected to act with the same degree of care that an ordinary prudent person would WPC No. 29807 of 2016 & con. cases 155 have acted in the same situation. What would an ordinary prudent person do if he is asked to decide as to whether a site is suitable for establishment of a petroleum outlet in the public safety point of view? I do not think that an ordinary prudent person would take a decision in a matter like this according to his personal notions and he would certainly look for guidelines, if available. True, the IRC Guidelines do not have the force of law. But merely for the reason that IRC Guidelines do not have the force of law, the District Authority is not precluded from placing reliance on the same. Of course, in so far as the IRC Guidelines do not have the force of law, it may not be binding on the District Authorities. But in the absence of any guidelines from the Central Government, the District Authority exercising power under Rule 144 of the Rules cannot be found fault with for having placed reliance on IRC Guidelines in the matter of discharging its functions nor can they be precluded from placing reliance on IRC Guidelines or similar in the matter of discharging its functions under the said Rules, for otherwise, there would be no consistency in the decisions taken by the District Authorities functioning at different places leading to WPC No. 29807 of 2016 & con. cases 156 subjective decisions based on personal notions resulting in discrimination. It is all the more so since it is not disputed that they are guidelines formulated after a thorough research, field observations and deliberations with all the stakeholders and have been adopted by various State Governments as evident from the decision of the Apex Court in **Arti Devi Dangi,** and none of the petitioners has a case that any of the guidelines of Indian Road Congress is unreasonable. The contention of the petitioners that IRC Guidelines do not have the force of law and therefore the same should never be the basis of the decision by a statutory authority is unsustainable also for the reason that a similar contention that IRC Guidelines which do not have the force of law shall not be insisted by oil marketing companies for the purpose of establishing petroleum outlets, has been repelled by the Apex Court in **Arti Devi Dangi,** taking the view that the same being norms framed in the interest of public safety, the instrumentalities of the States cannot be found fault with for having insisted compliance of the said Guidelines. I take this view also for the reason that the same are part of the PWD Manual of the State Government, WPC No. 29807 of 2016 & con. cases 157 in terms of which the department is carrying out its functions in relation to the roads in the State, although the same were made part of the Manual only recently. 16. The stand taken by the learned Government Pleader that the Public Works Department, which is the limb of the Government responsible for the safety of road users is discharging its functions in terms of the PWD Manual and IRC Guidelines were being followed by the Department for all matters relating to road safety even before the same was incorporated into the PWD Manual, is not disputed by anyone. Likewise, the stand of the Government Pleader that the Executive Engineers concerned of the Public Works Department, who are functioning as Highway Authorities under the Kerala Highway Protection Act, 1999 are also following IRC Guidelines for discharging their functions under the said statute in matters relating to road safety and also for prevention of ribbon development along Highways and control of access, even before the same was incorporated into the PWD Manual is also not disputed by anyone. If that be so, according to me, if IRC Guidelines are ignored by the District WPC No. 29807 of 2016 & con. cases 158 Authorities under the Rules, there would be impediments for the officials of the Public Works Department and also for the Highway Authorites under the Kerala Highway Protection Act in maintaining consistency in their functions. I am fortified in the view expressed as regards the application of IRC Guidelines for the aforesaid reason as well. 17. It is seen that during 2010, the State Government has issued a circular prescribing the minimum distance to be maintained between two petroleum outlets and the minimum quantity of petroleum products to be sold by an existing dealer in order to make the unit viable. The main issue in **Mary Ulahannan** was as to whether the said circular can be the basis for a decision under Rule 144 of the Rules in the matter of granting/refusing No-objection certificate for establishment of new petroleum outlets. It is seen that arguments have been addressed in the said case placing reliance on IRC Guidelines as well and in the context of the said arguments, it was observed by the Court that the District Authority would be bound only by the norms, if any prescribed by the Central Government. It is trite that the ratio of a WPC No. 29807 of 2016 & con. cases 159 decision has to be understood regard being had to its context and factual exposition. If it is based on a particular fact situation, or the decision of the Court is guided by specific nature of the case, it will not amount to the ratio of the judgment. Lord Halsbury in **Quinn v. Leathem** (1901 AC 495 : (1900-03) ALL ER Rep 1 (HL) has ruled :- “… every judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but are governed and qualified by the particular facts of the case in which such expressions are to be found.” In **Union of India and others v. Dhanwanti Devi and others** ((1996) 6 SCC 44), while adverting to the concept of precedent under Article 141 of the Constitution, the Apex Court has opined thus:- “9. Before adverting to and considering whether solatium and interest would be payable under the Act, at the outset, we will dispose of the objection raised by Shri Vaidyanathan that Hari Krishan Khosla case ((1993) Supp (2) 149) is not a **binding** precedent nor does it operate as **ratio** decidendi to be followed as a precedent and is per se per incuriam. It is not everything said by a Judge while giving judgment that constitutes a precedent. The only thing in a Judge's decision **binding** a party is the principle upon which the case is WPC No. 29807 of 2016 & con. cases 160 decided and for this reason it is important to analyse a decision and isolate from it the **ratio** decidendi. According to the well-settled theory of precedents, every decision contains three basic postulates-(i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and (iii) judgment based on the combined effect of the above. A decision is only an authority for what it actually decides. What is of the essence in a decision is its **ratio** and not every observation found therein nor what logically follows from the various observations made in the judgment. Every judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there is not intended to be exposition of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. It would, therefore, be not profitable to extract a sentence here and there from the judgment and to build upon it because the essence of the decision is its **ratio** and not every observation found therein. The enunciation of the reason or principle on which a question before a court has been decided is alone **binding** as a precedent. The concrete decision alone is **binding** between the parties to it, but it is the abstract **ratio** decidendi, ascertained on a consideration of the judgment in relation to the subject-matter of the decision, which alone has the force of law and which, when it is clear what it was, is **binding** . It is only the principle laid down in the judgment that is **binding** law under Article 141 of the Constitution. A deliberate judicial decision arrived at after hearing an argument on a question which arises in the case or is put in issue may constitute a precedent, no matter WPC No. 29807 of 2016 & con. cases 161 for what reason, and the precedent by long recognition may mature into rule of stare decisis. It is the rule deductible from the application of law to the facts and circumstances of the case which constitutes its **ratio** decidendi. 10. Therefore, in order to understand and appreciate the **binding** force of a decision it is always necessary to see what were the facts in the case in which the decision was given and what was the point which had to be decided. No judgment can be read as if it is a statute. A word or a clause or a sentence in the judgment cannot be regarded as a full exposition of law. Law cannot afford to be static and therefore, Judges are to employ an intelligent technique in the use of precedents.” In the light of the aforesaid principles, I do not think that the decision of this court in **Mary Ulahannan** would be of any help to the petitioners, especially since the scope of the power conferred on the District Authority under Rule 144 in the context of public safety was never an issue in **Mary Ulahannan** and the said decision was one rendered in the context of the commercial aspects relating to the establishment of petroleum outlets. 18. I have perused the decision of the Allahabad High Court referred to by the learned Senior Counsel for the petitioners in W.P.(C) Nos.29807 of 2016 and 5528 of 2019 and WPC No. 29807 of 2016 & con. cases 162 I express my inability to agree with the view taken in the said case, as the issue was not examined in the said case in the context of public safety. 19. Coming to the argument advanced by Shri Santhosh Mathew in the context of the fundamental right guaranteed to the petitioners under Article 19(1)(g) of the Constitution, it has to be mentioned that the petitioners have a fundamental right to run petroleum outlets in terms of the said Article and there cannot be any doubt that restrictions on the said fundamental right can be imposed only by law. But the question is not as to whether the IRC Guidelines can be an impediment for the petitioners in the matter of establishing a trade in petroleum products in terms of the fundamental right guaranteed under Article 19(1)(g) of the Constitution. There are various restrictions in terms of the constitutional provisions in the matter of conducting trade in petroleum products. The requirement to obtain the No-objection certificate under Rule 144 of the petroleum Rules is one among such restrictions. The question is as to whether the competent authority under the said provision who is to ensure, among others, the public WPC No. 29807 of 2016 & con. cases 163 safety aspects relating to the proposed outlet can be precluded, in the absence of any guidelines issued by the Central Government, from placing reliance on a guidelines formulated after a thorough research, field observations and deliberations with all the stakeholders by an independent body in the matter of granting/refusing No-objection certificate under Rule 144. I do not think that the argument is of any substance in the context of the aforesaid question. 20. As it is found that the District Authority exercising power under Rule 144 of the Rules cannot be found fault with for having placed reliance on IRC Guidelines in the matter of discharging its functions nor can the District Authorities be precluded from placing reliance on IRC Guidelines or similar in the matter of discharging its functions under the Rules, it is unnecessary to consider the contention advanced by the learned counsel for the petitioners that the PWD Manual has been amended only in terms of an executive order issued on 22.10.2019 and the same does not, therefore, apply to the applications for No-objection certificates preferred prior to 22.10.2019. In the light of the finding aforesaid, it is WPC No. 29807 of 2016 & con. cases 164 unnecessary to consider the contention advanced by Shri Santhosh Mathew based on Rule 161 of the Rules as well. 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, WPC No. 29807 of 2016 & con. cases 165 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. 22. Above all, according to me, except W.P.(C) Nos.29807 of 2016 and 5528 of 2019 instituted by one of the Oil Marketing Companies, the remaining writ petitions are premature also and they are liable to the dismissed on that ground as well, since if at all the petitioners have any grievance against the application of IRC Guidelines and MORTH Norms in the matter of considering their requests for Noobjection Certificates under Rule 144 of the Rules, they cannot approach this court before a decision is taken on the WPC No. 29807 of 2016 & con. cases 166 application. In the result, the writ petitions are dismissed subject to the observations made in paragraph 21 of the judgment. **Sd/P.B.SURESH KUMAR, JUDGE.** ds WPC No. 29807 of 2016 & con. cases 167 ## **APPENDIX OF WP(C) 29005/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATION BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.07.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 168 ## **APPENDIX OF WP(C) 29807/2016** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF E APPLICATION DATED 31-32015 (WITHOUT ENXLOSURE) PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR GRANT ONOC** **EXHIBIT P2 TRUE COPY OF HE HEARING NOTICE DATED 23-11-2015 ISSUED BY OFFICE OF HE 3D RESPONDENT TO THE PETITINER** **EXHIBIT P3 TRUE COPY 'GUUIDELINES FOR ACCESS, LOCATION AND LAYOUT OF RAODSIDE FUEL STATION AND SERVICE STATIONS' PUBLISHED BY THE INDIA ROAD CONGRES IN 2009 (IRC: 12-2009)** - **EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.RW/NH33023/19/99-DO-III DATED 24-7-2013 (WITHOUT ENCLOSURE THERETO)ISSUED BY THE MINSITRY OF ROAD TRANSPORT & HIGHWAYS** **EXHIBIT P5 TRUE COPY OF THE LETTER DATED 5-1-2016 FROM THE PETITONER TO THE 4H RESPONDENT** - **EXHIBIT P6 TRUE COPY OF THE LETTER DATED 1-6-2016 FROM THE PETITONER TO THE 4TH RESPONDENT** - **EXHIBIT P7 TRUE COPY O THE JUDGMENT DATED 15-62016 IN WP(C0 20341 OF 2016** **EXHIBIT P8 TRUE COPY OF ODER BEARINGNO.KDIS/19145/15/M7 DATED 23-72016 ISSUED BY THE 4TH RESPONDENT** **EXHIBIT P9 TRUE COPY OF APPLICATION DATED 19.08.2016 PREFERRED BY THE FATHER OF THE DEALER BEFORE THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT.** WPC No. 29807 of 2016 & con. cases 169 **EXHIBIT P10 THE REPLY DATED 29.08.2016 FROM THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT TO EXHIBIT P9 APPLICATION.** **EXHIBIT R1(A) RELEVANT OF THE GUIDELINES OF INDIAN ROAD CONGRESS AS PER CLAUSE 3.2 OF INDIAN ROAD CONGRESS.** **EXHIBIT R1(B) TRUE COPY OF THE REPORT DATED 03.09.2015. EXHIBIT R1(C) TRUE COPY OF THE REPORT DATED 05.04.2016. EXHIBIT R1(D) TRUE COPY OF THE PWD MANUAL** WPC No. 29807 of 2016 & con. cases 170 ## **APPENDIX OF WP(C) 14674/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE POSSESSION CERTIFICATE.** **EXHIBIT P2 COPY OF THE APPLICATION DATED 21.12.18.** **EXHIBIT P3** **COPY OF THE OFFER LETTER ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P4** **COPY OF THE APPLICATION FILED BY THE 4TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER.** **EXHIBIT P5 COPY OF THE COMMUNICATION ISSUED TO THE THASILDAR KARUNAGAPPALLY.** **EXHIBIT P6 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009.** **EXHIBIT P7 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013.** **EXHIBIT P8 COPY OF THE INTERIM ORDER IN WPC NO.29807/2016.** WPC No. 29807 of 2016 & con. cases 171 ## **APPENDIX OF WP(C) 16532/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009.** **EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013.** **EXHIBIT P5 COPY OF THE INTERIM ORDER IN WPC.NO.29807/2016. EXHIBIT P6 COPY OF THE INTERIM ORDER IN 14674/2019.** WPC No. 29807 of 2016 & con. cases 172 ## **APPENDIX OF WP(C) 17695/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009** **EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN 14674/2019** WPC No. 29807 of 2016 & con. cases 173 ## **APPENDIX OF WP(C) 17720/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDAIN ROAD CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO. 14674/2019** WPC No. 29807 of 2016 & con. cases 174 ## **APPENDIX OF WP(C) 21175/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH332023/19/99 DO-III DATED 24/7/2030** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WP{C}14674/2019** WPC No. 29807 of 2016 & con. cases 175 ## **APPENDIX OF WP(C) 22116/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 21.2.2019** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER DATED 9/3/2019** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009** **EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC 14674/2019 DATED 13.6.19** WPC No. 29807 of 2016 & con. cases 176 ## **APPENDIX OF WP(C) 23176/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 20.03.2019 ISSUED TO THE PETITIONER BY THE INDIAN OIL CORPORATION.** - **EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 22.05.2019 ISSUED BY THE SECRETARY OF THE THALAYOLAPARAMBU GRAMA PANCHAYAT TO THE DISTRICT COLLECTOR.** - **EXHIBIT P3 TRUE COPY OF THE REPORT DATED 27.06.2019 ISSUED BY THE DISTRICT POLICE CHIEF, KOTTAYAM TO THE DISTRICT COLLECTOR.** - **EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE REGIONAL FIRE OFFICER, KOTTAYAM DATED 14.06.2019 TO THE DISTRICT COLLECTOR.** **EXHIBIT P5 TRUE COPY OF THE REPORT DATED 13.06.2019 SUBMITTED BY THE TAHSILDAR, TALUK OFFICE, VAIKOM TO THE DISTRICT COLLECTOR, KOTTAYAM.** **EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 15.06.2019 SENT BY THE ASST. EXECUTIVE ENGINEER TO THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROAD DIVISION, KOTTAYAM.** **EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 17TH SEPTEMBER 2018 IN W.P.(C) NO.29129 OF 2017. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 10.4.2017 IN W.P.(C) NO.29807 OF 2016.** WPC No. 29807 of 2016 & con. cases 177 ## **APPENDIX OF WP(C) 23644/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE LETTER OF INTENT DATED 11/03/2019 ISSUED BY THE DEPUTY GENERAL MANAGER(RETAIL SALES0 OF INDIAN OIL CORPORATION LTD** **EXHIBIT P2 A TRUE COPY OF THE APPLICATION DAETD 30.05.2019 SUBMITTED BEFORE THE 1ST RESPONDENT** **EXHIBIT P3 A TRUE COPY O THE LETTER NO.B5-6139/19 DATED 29.06.2019 SUBMITTED BY THE TAHSILDAR, MEENACHAL.** **EXHIBIT P4 A TRUE COPY OF LETTER NO.A4-3509/19 ISSUED BY THE SECRETARY, KIDANGOOR GRAMA PANCHAYAT** **EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 17.09.2018 WP(C)NO.29129/2017** **EXHIBIT P6** **A TRUE COPY OF THE LETTER NO.H320426/2016 DATED 18.12.2018 ISSUED BY THE DISTRICT MAGISTRATE KOTTAYAM** WPC No. 29807 of 2016 & con. cases 178 ## **APPENDIX OF WP(C) 23849/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE LETTER OF INTENT DATED 26/02/2019 ISSUED BY THE DEPUTY GENERAL MANAGER (RETAIL SALES) OF INDIAN OIL CORPORATION LTD.** - **EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 16/04/2019 SUBMITTED BEFORE THE 1ST RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE LETTER NO.D12604/2019 DATED 25/06/2019 SUBMITTED BY THE REGIONAL OFFICER FIRE AND RESCUE SERVICES, KOTTAYAM.** **EXHIBIT P4 A TRUE COPY OF LETTER NO.A4-2958/19 DATED 28/06/2019 ISSUED BY THE SECRETARY, MADAPPALLY GRAMA PANCHAYAT.** **EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 17/09/2018 WP(C)NO.29129/2017.** **EXHIBIT P6 A TRUE COPY OF THE LETTER NO.H3120426/2016 DATED 18/12/2018 ISSUED BY THE DISTRICT MAGISTRATE, KOTTAYAM.** **EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATAED 13/10/2015 IN WP(C)30818/2015 OF THIS COURT.** WPC No. 29807 of 2016 & con. cases 179 ## **APPENDIX OF WP(C) 23887/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009.** **EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO. 14674/2019 DT. 13.06.2019** WPC No. 29807 of 2016 & con. cases 180 ## **APPENDIX OF WP(C) 24469/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH -33023/19/99 DO-III DATED 24/7/2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC 14674/2019.** WPC No. 29807 of 2016 & con. cases 181 ## **APPENDIX OF WP(C) 24632/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH -33023/19/99 DO-III DATED 24/7/2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC 14674/2019.** WPC No. 29807 of 2016 & con. cases 182 ## **APPENDIX OF WP(C) 24633/2019** **PETITIONER'S/S EXHIBITS:** |**EXHIBIT P1**|**COPY OF THE LEASE AGREEMENT BETWEEN**| |---|---| ||**THE PETITIONER AND 5TH RESPONDENT**| |**EXHIBIT P2**|**COPY OF THE APPLICATION FILED BY THE**| ||**5TH RESPONDENT FOR GETTING NOC TO THE**| ||**OUT LET**| |**EXHIBIT P3**|**COPY OF THE RECOMMENDATIONS BY THE**| ||**INDIAN ROAD CONGRESS 2009**| |**EXHIBIT P4**|**COPY OF THE CIRCULAR NUMBER RW/NH-**| ||**33023/19/99 DO-III DATED 24.7.2013**| |**EXHIBIT P5**|**TRUE COPY OF THE INTERIM ORDER**| ||**WP(C)NO.14674/2019**| WPC No. 29807 of 2016 & con. cases 183 ## **APPENDIX OF WP(C) 24641/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER MR RW/NH33023/19/99 DO-III DATED 24.07.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WP(C) IN 14674/2019.** WPC No. 29807 of 2016 & con. cases 184 ## **APPENDIX OF WP(C) 24642/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC.14674/2019.** WPC No. 29807 of 2016 & con. cases 185 ## **APPENDIX OF WP(C) 24646/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 186 ## **APPENDIX OF WP(C) 25076/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC.NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 187 ## **APPENDIX OF WP(C) 25180/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE LETTER OF INTENT DATED 10.03.2019 ISSUED BY THE DEPUTY GENERAL MANAGER (RETAIL SALES) OF INDIAN OIL CORPORATION LTD.** **EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 03.04.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE LOCATION SKETCH OF THE PROPOSED OUTLET ISSUED BY THE VILLAGE OFFICER, ALAPPADAMBA.** **EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 17.09.2018 WP(C) NO.29129/2017.** **EXHIBIT P5 A TRUE COPY OF THE INTERIM ORDER DATED 03.09.2019 IN WP(C) NO.23849/2019.** WPC No. 29807 of 2016 & con. cases 188 ## **APPENDIX OF WP(C) 25367/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.9.2018 ISSUED BY THE VILLAGE OFFICER, ANANGANADI VILLAGE, OFFICE, IN FAVOUR OF SRI. SURESH, THE HUSBAND OF THE PETITIONER.** **EXHIBIT P2 TRUE COPY OF THE CONSENT DATED 17.8.2019 TO ESTABLISH M/S. CEE YES FUEL (IOC OUTLET), ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.** **EXHIBIT P3 TRUE COPY OF THE LETTER NO. D 3455/2019 DATED 6.6.2019 OF THE REGIONAL FIRE, FIRE AND RESCUE SERVICE, PALAKKAD.** - **EXHIBIT P4 TRUE COPY OF THE LETTER NO. D12019/5224/9/400 DATED 5.7.2019 OF THE TAHSILDAR, OTTAPPALAM, ADDRESSED TO THE DISTRICT COLLECTOR, PALAKKAD.** **EXHIBIT P5 TRUE COPY OF THE LETTER NO. A2/916/7 DATED 14.3.2019 OF THE SECRETARY, ANANGANADI GRAMA PANCHAYAT ADDRESSED TO THE 4TH RESPONDENT.** **EXHIBIT P6 TRUE COPY OF THE LETTER NO. D3GENL./2019 DATED 31.5.2019 OF THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, ADDRESSED TO THE 3RD RESPONDENT.** **EXHIBIT P7 TRUE COPY OF THE LETTER NO. C2/2312/NOC/2019 DATED 12.6.2019 OF THE 3RD RESPONDENT ISSUED TO THE 4TH RESPONDENT.** **EXHIBIT P8 TRUE COPY OF THE LETTER NO. D12019/5224/9/400 DATED 24.8.2019 OF THE TAHSILDAR TO THE 4TH RESPONDENT.** WPC No. 29807 of 2016 & con. cases 189 - **EXHIBIT P9 TRUE COPY OF THE LAY OUT PLAN OF THE KISSAN SEVA KENDRA PREPARED BY THE INDIAN OIL CORPORATION AND FURTHER APPROVED BY BOTH THE TAHSILDR, OTTAPPALAM AND THE VILLAGE OFFICER, ANANGANADI.** - **EXHIBIT P10 TRUE COPY OF THE CERTIFICATE NO. A24187/2019 DATED 25.7.2019 ISSUED BY THE SECRETARY ANANGANADI GRAMA PANCHAYAT.** - **EXHIBIT P11 TRUE COPY OF THE LETTER DATED 22.5.2019 OF THE 5TH RESPONDENT.** - **EXHIBIT P12 TRUE COPY OF THE CHECK LIST FOR GETTING APPROVAL FOR INSTALLATION OF THE PETROL PUMP ALONG WITH THE STIPULATED NORMS, PREPARED BY THE 5TH RESPONDENT AND APPROVED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD, ASSISTANT EXECUTIVE ENGINEER, PWD ROADS AND SUB DIVISION, SHORNUR AND ASSISTANT ENGINEER, PWD ROADS, OTTAPPALAM.** - **EXHIBIT P13 TRUE COPY OF THE LETTER DATED 29.5.2019 OF THE 4TH RESPONDENT.** - **EXHIBIT P14 TRUE COPY OF THE LETTER NO. CE/R/PLG./DB4/10591/2019 DATED 29.8.2019 OF THE 2ND RESPONDENT.** - **EXHIBIT P15 TRUE COPY OF THE LETTER NO. RW/NH33023/19/99-DO-III DATED 23.7.2003 OF THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS.** **EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 25.7.2019 IN WPC NO. 11661/2019 OF THIS HONBLE COURT.** WPC No. 29807 of 2016 & con. cases 190 **EXHIBIT P17** **TRUE COPY OF THE LETTER OF INTEND NO. M/2018/INOO1946/KER/000098/4201/00055 DATED 20.3.2019 ISSUED BY THE 5TH RESPONDENT.** WPC No. 29807 of 2016 & con. cases 191 ## **APPENDIX OF WP(C) 25403/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE LETTER OF INTENT DATED 21/02/2019 ISSUED BY THE DEPUTY GENERAL MANAGER(RETAIL SALES)OF INDIAN OIL CORPORATION LTD.** **EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 03/04/2019 SUBMITTED BEFORE THE 1ST RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE LOCATION SKETCH OF THE PROPOSED OUTLET ISSUED BY THE VILLAGE OFFICER,PARIYARAM.** **EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 17/09/2018 WP(C)NO.29129/2017.** **EXHIBIT P5 ATRUE COPY OF THE INTERIM ORDER DATED 03/9/2019 IN WP(C)NO.23849/2019.** WPC No. 29807 of 2016 & con. cases 192 ## **APPENDIX OF WP(C) 25650/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE LETTER OF INTENT DATED 09-07-2019 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT** **EXHIBIT P2 A TRUE COPY OF THE STIPULATED NORMS FOR FUEL STATIONS SUBMITTED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT** **EXHIBIT P3 A TRUE COPY OF THE SITE PLAN EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 19-092019 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT** **EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 25-092003 OF THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS** WPC No. 29807 of 2016 & con. cases 193 ## **APPENDIX OF WP(C) 25937/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 26.3.2019.** **EXHIBIT P2 TRUE COPY OF THE LOCATION SKETCH.** **EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR NO OBJECTION CERTIFICATE DATED 9.4.2019.** **EXHIBIT P4 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.30698/2015 DATED 09.10.2015.** **EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.17365/2019 DATED 09.08.2019.** **EXHIBIT P6 TRUE COPY OF THE RECOMMENDATIONS BY INDIAN ROAD CONGRESS, 2009.** - **EXHIBIT P7 TRUE COPY OF THE CIRCULAR RW/NH33023/19/99 DO-iii DATED 24.7.13 ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS.** **EXHIBIT P8 TRUE COPY OF THE LETTER NO.DB GENERAL/2019 DATED 03.08.2019 BY THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, ALAPPUZHA TO THE 4TH RESPONDENT.** **EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.29807/2016 DATED 10.4.2017.** **EXHIBIT P10** **TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.14674/2019 DATED 13.6.2019.** WPC No. 29807 of 2016 & con. cases 194 ## **APPENDIX OF WP(C) 25990/2019** ## **PETITIONER'S/S EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF THE LETTER OF INTENT,**| |---|---| ||**ISSUED BY THE 5TH RESPONDENT PROPOSING**| ||**TO OFFICER THE RETAIL OUTLET**| ||**DELAERSHIP TO THE PETITIONERS**| |**EXHIBIT P2**|**TRUE COPY OF THE LETTER DATED**| ||**30.7.2019 OF THE 5TH RESPONDENT**| |**EXHIBIT P3**|**TRUE COPY OF THE CHECK LIST FOR**| ||**GETTING APPROVAL FOR INSTALLATION OF**| ||**THE PETROL PUMP ALONG WITH THE**| ||**STIPULATED NORMS, PREPARED BY THE 5TH**| ||**RESPONDENT AND APPROVED BY THE**| ||**EXECUTIVE ENGINEER PWD ROADS DIVISION,**| ||**PALAKKAD, ASSISTANT EXECUTIVE**| ||**ENGINEER, PWD ROADS SUB DIVISION,**| ||**SHORNUR AND ASSISTANT ENGINEER, PWD**| ||**ROADS, OTTAPPALAM.**| |**EXHIBIT P4**|**TRUE COPY OF THE NO OBJECTION**| ||**CERTIFICATE NO D 4932/2019 DATED**| ||**3.9.2019 ISSUED BY THE REGIONAL FIRE**| ||**OFFICER, FIRE AND RESCUE SERVICES**| ||**PALAKKAD.**| |**EXHIBIT P5**|**TRUE COPY OF THE LETTER NO D1-**| ||**2019/7024/9/400 DATED 5.9.2019 OF THE**| ||**TAHSILDAR, OTTAPPALAM**| |**EXHIBIT P6**|**TRUE COPY OF THE LETTER NO 216/2007**| ||**DATED 21.8.2019 OF THE ASSISTANT**| ||**ENGINEER, PWD ROADS DIVISION,**| ||**OTTAPPALAM.**| |**EXHIBIT P7**|**TRUE COPY OF THE LETTER NO**| ||**D3/NOC/GENL/2019 DATED 26.8.2019 OF**| ||**THE ASSISTANT EXECUTIVE ENGINEER, PWD**| ||**ROADS DIVISION, SHORNUR ADDRESSED TO**| ||**THE 3RD RESPONDENT**| WPC No. 29807 of 2016 & con. cases 195 **EXHIBIT P8 TRUE COPY OF THE LAY OUT PLAN OF THE PETROLEUM OUTLET PREPARED BY THE INDIAN OIL CORPORATION. EXHIBIT P9 TRUE COPY OF THE LETTER NO CE/R/PLG/DB4/11974/2019 DATED 19.9.2019 OF THE 2ND RESPONDENT. EXHIBIT P10 TRUE COPY OF THE LETTER NO C2/3622/2019 DATED 23.9.2019 OF THE 3RD RESPONDENT EXHIBIT P11 TRUE COPY OF THE LETTER NO RW/NH33023/19/99-DO-111 DATED 23.7.2003 OF THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS. EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 25.7.2019 IN WPC NO 11661/2019 OF THIS HON'BLE COURT** WPC No. 29807 of 2016 & con. cases 196 ## **APPENDIX OF WP(C) 25992/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE LETTER OF INTENT DATED 04.03.2019 ISSUED BY THE TERRITORY MANAGER (RETAIL) OF BHARAT PETROLEUM CORPORATION LTD.** **EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 15.3.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.** **EXHIBIT P3 THE TRUE COPY OF THE LETTER IN FILE NO.DCKTM/2895/2019-H3 FROM THE DISTRICT COLLECTOR TO FORWARD THE EXHIBIT P2 APPLICATION TO THE THIRD RESPONDENT DATED ON 28.03.2019.** **EXHIBIT P4 A TRUE COPY OF THE REPORT NO.AB2(1)1289/2019 DATED 30.07.2019 SUBMITTED BY THE EXECUTIVE ENGINEER, PWD, KOTTAYAM.** - **EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 17.09.2018 WP(C) NO.29129/2017** - **EXHIBIT P6 A TRUE COPY OF THE LETTER NO.H320426/2016 DATED 18.12.2018 ISSUED BY THE DISTRICT MAGISTRATE, KOTTAYAM.** - **EXHIBIT P7 THE TRUE COY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR GRANT OF NO OBJECTION CERTIFICATE UNDER THE PETROLEUM RULES DATED 17.09.2019.** **EXHIBIT P8 A TRUE COPY OF THE INTERIM ORDER PASSED IN A SIMILAR ISSUE IN WP(C) NO.23849/2019.** WPC No. 29807 of 2016 & con. cases 197 ## **APPENDIX OF WP(C) 26152/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009.** **EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.07.2013.** **EXHIBIT P5** **TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 198 ## **APPENDIX OF WP(C) 26157/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009.** **EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.07.2013.** **EXHIBIT P5** **TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 199 ## **APPENDIX OF WP(C) 26164/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 05.02.2018 SUBMITTED BY THE PETITIONER.** **EXHIBIT P2 A TRUE COPY OF THE FINAL PROPOSAL DATED 21.09.2018 SUBMITTED BY THE PETITIONER.** **EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 22.01.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.** **EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 17/09/2018 WP(C)NO.29129/2017.** **EXHIBIT P5 ATRUE COPY OF THE INTERIM ORDER DATED 03/9/2019 IN WP(C)NO.23849/2019.** WPC No. 29807 of 2016 & con. cases 200 ## **APPENDIX OF WP(C) 26195/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009.** **EXHIBIT P4 COPY OF THE CIRCULAR NUMNBER RW/NH33023/19/99 DO-III DATED 24.07.2013.** **EXHIBIT P5** **TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 201 ## **APPENDIX OF WP(C) 26561/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NC TO THE OUT LET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMNBER RW/NH33023/19/99 DO-III DATED 24.07.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 202 ## **APPENDIX OF WP(C) 26583/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009.** **EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013.** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC 14674/2019.** WPC No. 29807 of 2016 & con. cases 203 ## **APPENDIX OF WP(C) 26658/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE LETTER OF INTENT DATED 22/3/2019 ISSUED BY THE DEPUTY GENERAL MANAGER RETAIL SALE OF INDIAN OIL CORPORATION LTD.** **EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 27/5/2019 SUBMITTED BEFORE THE 1ST RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 17/9/2018 WPC NO. 29129/2017. EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER DATED 3/9/2019 IN WPC NO. 23849/2019.** WPC No. 29807 of 2016 & con. cases 204 ## **APPENDIX OF WP(C) 27274/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 205 ## **APPENDIX OF WP(C) 27311/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 206 ## **APPENDIX OF WP(C) 27314/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER (RELEVANT PORTION).** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013.** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 207 ## **APPENDIX OF WP(C) 27367/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 208 ## **APPENDIX OF WP(C) 27965/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE LETTER OF INTENT DATED 25/03/2019 BEARING NO. M/2018/IN002142/KER/000120/4202/00025** **EXHIBIT P2 TRUE COPY OF THE LETTER DATED 15/05/2019** **EXHIBIT P3 TRUE COPY OF THE LETTER DATED 25/07/2019** **EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN W.P. (C) NO. 29807/2016 DATED 10/04/2017 EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 17/09/2018 IN W.P.(C) NO. 29129/2017** - **EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 29/08/2019 IN W.P.(C) NO. 23383/2019** - **EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 18/09/2019 IN W.P.(C) NO. 24641/2019** - **EXHIBIT P8 TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED TO THE PETITIONER BY THE POLLUTION CONTROL BOARD** - **EXHIBIT P9 TRUE COPY OF THE XEROX COPY OF THE PHOTOGRAPH OF THE LOCATION OF THE ADJACENT AREA WHEREIN PETROL BUNKS ARE ALLOTTED** - **EXHIBIT P10 TRUE COPY OF THE XEROX COPY OF THE PHOTOGRAPH OF THE LOCATION WHEREIN THE PETROL PUMP PROPOSED TO OPERATE** - **EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 19/08/2019 SUBMITTED BY THE PETITIONER** WPC No. 29807 of 2016 & con. cases 209 ## **APPENDIX OF WP(C) 28001/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT OT THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-111 DATED 24.7.2013 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER WPC NO 14674/2019** WPC No. 29807 of 2016 & con. cases 210 ## **APPENDIX OF WP(C) 28002/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO III DATED 24/7/2013 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO. 14674/2019** WPC No. 29807 of 2016 & con. cases 211 ## **APPENDIX OF WP(C) 28006/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.07.2013 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC.NO.14674/2019** WPC No. 29807 of 2016 & con. cases 212 ## **APPENDIX OF WP(C) 28008/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC.NO.14674/2019** WPC No. 29807 of 2016 & con. cases 213 ## **APPENDIX OF WP(C) 28853/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATION BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 214 ## **APPENDIX OF WP(C) 29043/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013.** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO. 14674/2019.** WPC No. 29807 of 2016 & con. cases 215 ## **APPENDIX OF WP(C) 29052/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO. 14674/2019** WPC No. 29807 of 2016 & con. cases 216 ## **APPENDIX OF WP(C) 29195/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-111 DATED 24.7.2013 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC 14674/2019** WPC No. 29807 of 2016 & con. cases 217 ## **APPENDIX OF WP(C) 29246/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO. 14674/2019.** WPC No. 29807 of 2016 & con. cases 218 ## **APPENDIX OF WP(C) 29249/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO. 14674/2019.** WPC No. 29807 of 2016 & con. cases 219 ## **APPENDIX OF WP(C) 29365/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE OBTAINED NOC FORM THE FIRE AND RESCUE DEPARTMENT.** **EXHIBIT P2 TRUE COPY OF THE OBTAINED NOC FROM THE POLLUTION CONTROL BOARD,** - **EXHIBIT P3 TRUE COPY OF THE REPORT OF THE TAHSILDAR, MANNARKKAD VIDE LETTER NO.D1-4323/19 DATED 02.07.2019.** - **EXHIBIT P4 TRUE COPY OF THE REPORT/RECOMMENDATIONS OF THE A.EX ENGINEER PWD DIVISION PALAKKAD VIDE LETTER NO.A1-598/2019-20 DATED 24.06.2019** - **EXHIBIT P5 TRUE COPY OF THE LETTER OF THE CHIEF ENGINEER PWD ROADS LETTER NOCE/R/PLG/DB4/10932/2019 DATED 06.09.2019.** **EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE MORTH NORMS.** **EXHIBIT P7 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WPC 11661/2019 DATED 25.07.2019.** **EXHIBIT P8 TRUE COPY OF INTERIM ORDER DATED 24.09.2019 IN WPC NO.25367/2019.** WPC No. 29807 of 2016 & con. cases 220 ## **APPENDIX OF WP(C) 29864/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 26.2.2019 ISSUED TO THE PETITIONER BY THE INDIAN OIL CORPORATION.** **EXHIBIT P2 TRUE COPY OF THE DECISION DATED 27.5.2019 OF THE NEENDOOR GRAMA PANCHAYAT COMMITTEE.** - **EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 20.8.2019 ISSUED BY THE REGIONAL FIRE OFFICER, KOTTAYAM.** - **EXHIBIT P4 TRUE COPY OF THE REPORT DATED 28.6.2019 OF THE DISTRICT POLICE CHIEF, KOTTAYAM.** - **EXHIBIT P5 TRUE COPY OF THE CONSENT TO ESTABLISH DATED 24.8.2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.** **EXHIBIT P6 TRUE COPY OF THE LETTER DATED 18.6.2019 ISSUED BY THE ASSISTANT ENGINEER, PWD TO THE ASSISTANT EXECUTIVE ENGINEER, PWD.** - **EXHIBIT P7 TRUE COPY OF THE LETTER DATED 10.7.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD TO THE CHIEF ENGINEER, PWD.** - **EXHIBIT P8 TRUE COPY OF THE LETTER DATED 6.8.2019 ISSUED BY THE CHIEF ENGINEER, PWD TO THE EXECUTIVE ENGINEER, PWD.** - **EXHIBIT P9** - **TRUE COPY OF THE LETTER DATED 20.8.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD TO THE DISTRICT COLLECTOR.** WPC No. 29807 of 2016 & con. cases 221 **EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 17TH SEPTEMBER, 2018 IN WPC NO.29129 OF 2017.** **EXHIBIT P11 TRUE COPY OF THE ORDER DATED 27.8.2019 IN WPC NO.23176 OF 2019.** **EXHIBIT P12 TRUE COPY OF THE GOVERNMENT ORDER - G.O(MS) NO.46/2019/PWD DATED 22.10.2019.** **EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, KOTTAYAM DATED 18.12.2018.** WPC No. 29807 of 2016 & con. cases 222 ## **APPENDIX OF WP(C) 29938/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT NO.CRRO/RET/ADVT/2018-19 DATED 13.6.2019 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.** - **EXHIBIT P2 TRUE COPY OF THE LETTER NO.DCKTM/6298/H3 DATED 25.7.2019 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P3** **TRUE COPY OF THE REPORT NO.199749/2019/FC DCKTM DATED 31.8.2019 ISSUED BY THE SUPERINTENDENT OF POLICE, KOTTAYAM.** - **EXHIBIT P4 TRUE COPY OF THE CERTIFICATE NO.A25476/2019 DATED 29.8.2019.** - **EXHIBIT P4 (a) TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY OF THE MUNDAKKAYAM GRAMA PANCHAYAT.** - **EXHIBIT P5 TRUE COPY OF THE CERTIFICATE NO.D13964/2019 DATED 23.9.2019 ISSUED BY THE OFFICE OF THE REGIONAL OFFICER, FIRE AND RESCUE SERVICES.** - **EXHIBIT P6 TRUE COPY OF THE REPORT NO.K.03-1213 TO THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. WING DATED 19.9.2019.** - **EXHIBIT P7 TRUE COPY OF THE REPORT NO.J35802/2019 DATED 28.10.2019.** - **EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 17.9.2018 IN W.P.(C) NO.29129/2017.** **EXHIBIT P9 TRUE COPY OF THE ORDER DATED 27.8.2019 IN W.P.(C) NO.23176/2019.** - **EXHIBIT P10 TRUE COPY OF THE ORDER G.O.(MS) NO.46/2019/PWD, THIRUVANANTHAPURAM DATED 22.10.2019.** WPC No. 29807 of 2016 & con. cases 223 ## **APPENDIX OF WP(C) 31178/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER WP(C)NO.14674/2019** WPC No. 29807 of 2016 & con. cases 224 ## **APPENDIX OF WP(C) 31258/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 225 ## **APPENDIX OF WP(C) 31982/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIA ROADS CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013.** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 226 ## **APPENDIX OF WP(C) 32468/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013.** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 227 ## **APPENDIX OF WP(C) 32471/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROADS CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 228 ## **APPENDIX OF WP(C) 32776/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROADS CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.07.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 229 ## **APPENDIX OF WP(C) 32789/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROADS CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-111 DATED 24.7.2013 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER WPC NO 14674/2019 DATED 13.6.2019** WPC No. 29807 of 2016 & con. cases 230 ## **APPENDIX OF WP(C) 32826/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROADS CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.07.2013. EXHIBIT P5 TRUE COPY OF THE INTERM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 231 ## **APPENDIX OF WP(C) 33429/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009** **EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013 EXHIBIT P5 TRUE COPY OF THE ITERIM ORDER IN WP(C)N0.14764/2019** WPC No. 29807 of 2016 & con. cases 232 ## **APPENDIX OF WP(C) 33507/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 COPY OF THE APPLICATION FILED BY 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.7.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 233 ## **APPENDIX OF WP(C) 33712/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 COPY OF TH APPLICATION FILED BYTHE5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROADS CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NO. RW/NH33023/19/99 DO-II DATED 24-07-2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC NO. 14674/2019.** WPC No. 29807 of 2016 & con. cases 234 ## **APPENDIX OF WP(C) 33714/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROADS CONGRESS 2009 EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-111 DATED 24.7.2013 EXHIBIT P5 COPY OF THE INTERIM ORDER IN WPC NO. 14674/2019** WPC No. 29807 of 2016 & con. cases 235 ## **APPENDIX OF WP(C) 33937/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET WARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER R2/NH33023/19/99 DO-III DATED 24/7/2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WP(C) 14674/2019.** WPC No. 29807 of 2016 & con. cases 236 ## **APPENDIX OF WP(C) 33968/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24-07-2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER WPC NO. 14674/2019.** WPC No. 29807 of 2016 & con. cases 237 ## **APPENDIX OF WP(C) 34530/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE NORMS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24.07.2013. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WP(C) 14674/2019.** WPC No. 29807 of 2016 & con. cases 238 ## **APPENDIX OF WP(C) 34562/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER. EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROADS CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NO. RW/NH33023/19/99 DO-III DATED 24-07-2013. EXHIBIT P5 TRUE COY OF THE INTERIM ORDER IN WPC NO. 14674/2019.** WPC No. 29807 of 2016 & con. cases 239 ## **APPENDIX OF WP(C) 34654/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER.** **EXHIBIT P3 COPY OF THE RECOMMENDATIONS BY THE INDIAN ROAD CONGRESS 2009. EXHIBIT P4 COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013.** **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC 14674/2019.** WPC No. 29807 of 2016 & con. cases 240 ## **APPENDIX OF WP(C) 30823/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUT LET AWARDED TO THE PETITIONER** **EXHIBIT P3 COPY OF THE RECOMENDATIONS BY THE INDIAN ROAD CONGRESS 2009** **EXHIBIT P4** **COPY OF THE CIRCULAR NUMBER RW/NH33023/19/99 DO-III DATED 24/7/2013.** **EXHIBIT P5** **TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.14674/2019.** WPC No. 29807 of 2016 & con. cases 241 ## **APPENDIX OF WP(C) 5528/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE APPLICATION FOR NOC DATED 24/5/2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (WITHOUT ENCLOSURES) EXHIBIT P2 A TRUE COY OF THE REPRESENTATION DATED 15/5/2018 (WITHOUT ENCLOSURES) SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE REPORT DATED 9/10/2018 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT (WITHOUT ENCLOSURE) EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 23/10/2018 (WITHOUT ENCLOSURES) SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 8/11/2018 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE LETTER DATED 12.12.2018 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 14.1.2019 ISSUED BY THE 1ST RESPONDENT REJECTING THE APPLICATION FOR NOC. EXHIBIT R5(A) TRUE COPY OF THE RELEVANT PAGE OF MORTH NORMS VIDE ITEM NO.1:1 NON URBAN RURAL STRETCH (III).**