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2020 Supreme(Ker) 349

S.MANIKUMAR, SHAJI P.CHALY
Ehvees, Hindustan Petroleum Corporation Limited Dealer – Appellant
Versus
District Collector, Malappuram-676504 – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.T.SETHUMADHAVAN (SR.), SMT.PREETHI. P.V., SRI.M.V.BALAGOPAL,
For the Respondent: G.P.MANOJ KUMAR.N, SRI.R.RANJITH, SRI JOHNSON GOMEZ, SMT O.M.SHALINA, Adv.

JUDGMENT :

S.MANIKUMAR, J.

Instant writ appeal is filed challenging the judgment in W.P.(C)No.32956 of 2019 dated 18th March, 2020 by which a learned Single Judge disposed of the writ petition following the judgment in W.A.No.27 of 2020 and connected cases, holding that the No Objection Certificate issued in favour of 10th respondent and the commencement of the outlet will be subject to the direction contained in the judgment of the Division Bench.

2. Writ petition has been filed challenging the proposal to open a petroleum retail outlet by the 10th respondent. The challenge is mainly made on the two grounds (1) proposal is against Ext.P1 guidelines issued by the Indian Road Congress with regard to the distance (2) the challenge is made based on the violation on the conditions stipulated under Ext.P3 order passed by the District Collector while permitting to reclaim and fill up the land by the predecessor in interest of the 10th respondent. Reliefs sought for in the writ petition are as hereunder:

    “(a) Issue a writ of mandamus or other appropriate writ or order, directing the respondents 1 to 9 to take up and consider Ext.P4 objection filed by the petitioner before issuing a No Objecti

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