THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.27 OF 2020 AGAINST THE JUDGMENT IN WP(C) 23887/2019(I) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
JASMINE SIRAJUDEEN AGED 32 YEARS, W/O. SUDHEER BADHARUDEEN, USHAS, T.C.11/640, NANTHANCODE, KOWDIAR P. O., THIRUVANANTHAPURAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE ADDL. CHIEF SECRETAR, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 KERALA PUBLIC WORKS DEPARTMENT REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P. O., THIRUVANANTHAPURAM - 695 003.
3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM - 695 033.
4 THE DISTRICT COLLECTOR COLLECTORATE, THIRUVANANTHAPURAM - 695 035.
5 BHARAT PETROLEUM CORPORATION LTD.
REPRESENTED BY ITS CHIEF REGIONAL MANAGER ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P. O., KOCHI - 682 309.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.P.GOPINATH (SR.)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
05.03.2020, ALONG WITH WA.49/2020 AND CONNECTED CASES, THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941 WA.No.49 OF 2020 AGAINST THE JUDGMENT IN WP(C) 26583/2019(W) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
MANOJ VALAMPARAMPAN AGED 42 YEARS, S/O.GEORGE VALAMPARAMPAN, VALAMPAAMPIL, MAROOR P.O., ELAMANNOR, PATHANAMTHITTA.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE ADDL. CHIEF SECRETARY KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., 3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, MINI CIVIL STATION, PATHANAMTHITTA-689 645.
4 THE DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT, COLLECTORATE, PATHANAMTHITTA 689 645.
5 BHARAT PETROLEUM CORPORATION REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM COCHIN-682 309.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.58 OF 2020 AGAINST THE JUDGMENT IN WP(C) 17720/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
BIJU SUDHAKARAN AGED 47 YEARS, S/O.SUDHAKARAN, BIJU BHAVANAM, THODIYOOR NORTH, KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., 3 THE EXECUTIVCE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691 001.
4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691 013.
5 HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O., P.B.NO.1601, COCHIN-682 018.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941 WA.No.69 OF 2020 AGAINST THE JUDGMENT IN WP(C) 24469/2019(G) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
BINAZAR AGED 46 YEARS W/O. MR. MUHAMMED KHAN, PUTHENPARAMBIL HOUSE, ERATTUPETTA P O, KOTTAYAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P O, 3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM-686001.
4 THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM-686001.
5 BHARATH PETROLEUM CORPORATION LTD, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P O, KOCHI-682 309. ADDL. 6 DINESH PUTHALATH, AGED 60 YEARS, S/O KUNHIRAMAN NAIR, RESIDING AT SREESATHMAM, KAVINMOOLA, MAMBRA P.O., KANNUR - 670611.
[ADDL.R6 IMPLEADED AS PER ORDER DATED
5.3.2020]
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM R6 BY ADV. M.R.ANISON THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.70 OF 2020 AGAINST THE JUDGMENT IN WP(C) 31178/2019(V) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/S:
SHEEBA.S AGED 37 YEARS W/O.SUNDARESAN, VETTUVILANGATHIL, PADA NORTH, KARUNAGAPPALLY, KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/S:
1 THE STATE OF KERALA REP BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
2 KERALA PUBLIC WORKS DEPARTMENT REP BY THE PROJECT DIRECTOR KERALA STATE TRANSPORT PROJECT JAGAD BUILDINGS, KOWDIAR.P.O, THIRUVANANTHAPURAM-695003
3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691001
4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT COLLECTORATE, KOLLAM-691 013
5 BHARAT PETROLEUM CORPORATION LIMITED REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION IRIMPANAM, KOCHI-682 309 R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.86 OF 2020 AGAINST THE JUDGMENT IN WP(C) 29249/2019(E) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
SHIRIL ABRAHAM KURUVILA AGED 37 YEARS, S/O. P.A. KURUVILA, PADUTHOTTU HOUSE, VENNIKULAM, THIRUVALLA, PATHANAMTHITTA.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA RESPONDENTS/RESPONDENTS: 1 THE STATE OF KERALA REP. BY THE ADDL. CHIEF SECRETARY , KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 KERALA PUBLIC WORKS DEPARTMENT, REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O.
3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MINI CIVIL STATION, PATHANAMTHITTA 689 645.
4 THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT, COLLECTORATE, PATHANAMTHITTA 689 645.
5 BHARAT PETROLEUM CORPORATION. REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, COCHIN 682 309.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.87 OF 2020 AGAINST THE JUDGMENT IN WP(C) 33714/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
HARIDAS V.P.
AGED 51 YEARS,S/O.PARAMESWARAN NAIR, SREEPADMAM, MULLASSERI PARAMBIL, KOORKAPARAMBU,THIRUVEGAPURAM, NADUVATTOM P.O., PATTAMBI, PALAKKAD.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS,KOWDIAR P.O.
3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI-676 121.
4 THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, COLLECOTRATE, MALAPPURAM-676 505.
5 BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER,CALICUT TERRITORY OFFICE, 3RD FLOOR,CEEKEY TOWERS,VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673 011.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.88 OF 2020 AGAINST THE JUDGMENT IN WP(C) 29043/2019(E) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
RADHAKRISHNA PILLAI AGED 60 YEARS, S/O. GOPALA PILLAI, SUMASREE, MADANTHACODE, NELLIMUKKU, KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT, REP.BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P O, THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691001.
4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691 013.
5 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHIEF REGIONAL MANAGER, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P O, THIRUVANANTHAPURAM-695008.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020/15TH PHALGUNA, 1941 WA.No.89 OF 2020 AGAINST THE JUDGMENT IN WP(C) 28002/2019(A) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
ABY GEORGE AGED 46 YEARS, S/O. T.V. GEORGE, ABY BHAVAN, SOORNADU SOUTH, PATHARAM, KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/RESPONDENTS: 1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 KERALA PUBLIC WORKS DEPARTMENT, REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O. 3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOLLAM 691 008.
4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT COLLECTORATE, KOLLAM 691 008.
5 HINDUSTAN PETROLEUM CORPORATION LTD REP BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O.
P.B. NO. 1601, COCHIN 682 018.
R1-4 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR, R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.92 OF 2020 AGAINST THE JUDGMENT IN WP(C) 32468/2019(G) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
BINDU LAKSHMANAN AGED 46 YEARS, D/O.THANKARAJ, 23/2690, VATTATHRAPARAMBIL, PALLURUTHY, ERNAKULAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA RESPONDENT/RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., 3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM-695 033.
4 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM DISTRICT-695 035.
5 BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O., KOCHI-682 309.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.95 OF 2020 AGAINST THE JUDGMENT IN WP(C) 31258/2019(F) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
PRASANNA KUMARI AGED 45 YEARS, W/O. CASTRO XAVIER, SANTHOSH NIVAS, TWO ROAD JUNCTION, EAST KALLADA, KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/RESPONDENTS:
1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 KERALA PUBLIC WORKS DEPARTMENT, REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O.
THIRUVANANTHAPURAM 695 003.
3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, BEACH ROAD, KOLLAM 691 001.
4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM 691 013.
5 BHARAT PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM TERRITORY, IRIMPANAM INSTALLATION, IRIMPANAM, KOCHI 682 309.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.122 OF 2020 AGAINST THE JUDGMENT IN WP(C) 33507/2019(K) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
NASEEF M.P AGED 31 YEARS, S/O.KUNHALI, MEETHALE PYNGOL, KALLACHI, VANIMEL, VADAKKARA, KOZHIKODE.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/RESPONDENTS:
1 THE STATE OF KERALA, REP.BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT, REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR.P.O., 3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOZHIKODE-673002.
4 THE DISTRICT COLLECTOR, KOZHIKODE DIST., COLLECTORATE, KOZHIKODE-673020.
5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, CALICUT TERRITORY OFFICE, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT-673011.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.138 OF 2020 AGAINST THE JUDGMENT IN WP(C) 25937/2019(N) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANTS/PETITIONERS:
1 JUBY JACOB AGED 35 YEARS, W/O.BIJOY ALEX, RESIDING AT KOPPARA PARAMBIL HOUSE, NEERETTUPURAM KARA, NEERETTUPURAM.P.O., THALAVADY VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT.
2 K.M.JACOB AGED 70 YEARS, S/O.LATE MATHEW, RESIDING AT KOPPARA PARAMBIL HOUSE, NEERETTUPURAM KARA, NEERETTUPURAM.P.O., THALAVADY VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT.
BY ADVS.
SRI.P.HARIDAS SRI.CHERIAN GEE VARGHESE SRI.BIJU HARIHARAN SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ALAPPUZHA, PIN-688001.
3 ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA, PIN-688001.
4 EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROADS DIVISION, ALAPPUZHA, PIN-688001.
5 M/S.BHARAT PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS TERRITORY MANAGER (RETAIL), ERNAKULAM TERRITORY (RETAIL) OFFICE, IRIMPANAM INSTALLATION, IRIMPANAM, COCHIN, PIN-682309.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. MR. M GOPIKRISHNAN NAMBIAR (B/O)R-5 R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.154 OF 2020 AGAINST THE JUDGMENT IN WP(C) 33968/2019(U) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/S:
SHERIN NOWSHAD AGED 36 YEARS, W/O. NOUSHAD, JAFFER ALI, K/NO.392, VELLANTHARA, KOLLENGODE 1, PALAKKAD BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA RESPONDENT/S:
1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 KERALA PUBLIC WORKS DEPARTMENT, REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., 3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD-678 001
4 THE DISTRICT COLLECTOR, PALAKKAD DIST.
COLLECTORATE, PALAKKAD-678 013
5 HINDUSTAN PETROLEUM CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGION, ELATHUR, KOZHIKODE-673 303 R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.155 OF 2020 AGAINST THE JUDGMENT IN WP(C) 32471/2019(H) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
ABDUL MAJEED AGED 42 YEARS, S/O. ISMAIL HAJI, VADAKKE THODI HOUSE, KADUNGALLUR, KONDOTTY, MALAPPURAM BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA RESPONDENT/S:
1 THE STATE OF KERALA REP BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 KERALA PUBLIC WORKS DEPARTMENT, REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., 3 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, MALAPPURAM-676 505 THE EXECUTIVE ENGINEER, *
PWD ROAD DIVISION, KOZHIKODE-673 002
4 THE DISTRICT COLLECTOR, COLECTORATE, MALAPPURAM DIST-676 505 THE DISTRICT COLLECTOR, *
KOZHIKODE DISTRICT COLECTORATE, KOZHIKODE-673 020 *[Address of R3 and R4 are corrected as per order dated 24.8.2020 in I.A.
No.2/2020 in W.A.155/2020]
5 NAYARA ENGERY LIMITED REP BY ITS CHIEF REGIONAL MANGER, 6B, 6TH FLOOR, NOEL FOCUS SEAPORT-AIRPORT ROAD, CHITTETHUKARA, CSEZ P.O., KOCHI-682 037 R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.157 OF 2020 AGAINST THE JUDGMENT IN WP(C) 29052/2019(F) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
MUHAMMED ALI AGED 31 YEARS, S/O. SOURYATH, VENGASSERY, KALATHIL HOUSE, CHEERAKUZHY, KIZHAKKANCHERY P O, PALAKKAD.
BY ADV. SRI.R.SUNIL KUMAR RESPONDENTS/RESPONDENTS: 1 THE STATE OF KERALA REP.BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR PO, THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD-678001.
4 THE DISTRICT COLLECTOR, PALAKKAD DISTRICT, COLLECTORATE, PALAKKAD-678013.
5 INDIA OIL CORPORATION LTD REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPPILLY NAGAR P O, KOCHI-682036.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.159 OF 2020 AGAINST THE JUDGMENT IN WP(C) 33712/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
MUHAMMED BASID P.K., AGED 26 YEARS S/O.ABDURAHMAN P.K., POOLAKKAL KARATTUCHALI, KUZHIMANNUR P.O., MALAPPURAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA, REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 KERALA PUBLIC WORKS DEPARTMENT, REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., 3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOZHIKODE - 673 002.
4 THE DISTRICT COLLECTOR, KOZHIKODE DIST., COLLECTORATE, KOZHIKODE - 673 020.
5 BHARAT PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, 3RD FLOOR, CEEKEY TOWERS, VANDIPETTA, KANNUR ROAD, NADAKKAVU WEST, CALICUT - 673 011.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.170 OF 2020 AGAINST THE JUDGMENT IN WP(C) 26157/2019(T) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
SIJU MON P.M AGED 45 YEARS, S/O MADHAVAN, PAZHAYIDATH MULLAPUZHACHAL P.O.ENANALLOOR MUVATTUPUZHA BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/RESPONDENTS: 1 THE STATE OF KERALA REP BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT REP BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT , JAGAD BUILDINGS, KOWDIAR P.O.
3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM-686 001.
4 THE DISTRICT COLLECTOR, KOTTAYAM DIST, COLLECTORATE, KOTTAYAM-686 001.
5 BHARAT PETROLEUM CORPORATION LTD, REP BY ITS CHIEF REGIONAL MANAGER, ERNAKULAM RETAIL TERRITORY OFFICE IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD, IRIMPANAM P.O.KOCHI-682 309.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.172 OF 2020 AGAINST THE JUDGMENT IN WP(C) 33937/2019(N)OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
JOBEL BABU, AGED 26 YEARS PONMANKAL HOUSE, THELLAKOM P.O., KOTTAYAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA, REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 KERALA PUBLIC WORKS DEPARTMENT, REP.BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT JAGAD BUILDINGS, KOWDIAR P.O., 3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM - 686 001.
4 THE DISTRICT COLLECTOR, KOTTAYAM DIST., COLLECTORATE, KOTTAYAM - 686 001.
5 INDIAN OIL CORPORATION LIMITED, REP BY ITS CHIEF REGIONAL MANAGER, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM - 695 008.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.173 OF 2020 AGAINST THE JUDGMENT IN WP(C) 26114/2019(L) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
SHIBU S.S., AGED 43 YEARS S/O. R. SURENDRAN, SREEVATSAM, KATIHAKUZHY, KUMMALLOOR P O, KOLLAM.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE ADDL.CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT, REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P O, 3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, BEACH ROAD, KOLLAM-691001.
4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691013.
5 INDIAN OIL CORPORATION LIMITED, REP.BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P O, THIRUVANANTHAPURAM-695008.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.183 OF 2020 AGAINST THE JUDGMENT IN WP(C) 28853/2019(F) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
DELVIN BENNY AGED 24 YEARS, S/O. BENNY MATHEW, OODUVELIL HOUSE, MANJAPRA P.O., VADAKKENCHERY, PALAKKAD.
BY ADVS.
SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY TEH ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA PUBLIC WORKS DEPARTMENT REPRESENTED BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., 3 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, PALAKKAD-678 001.
4 THE DISTRICT COLLECTOR PALAKKAD DISTRICT, COLLECTORATE, PALAKKAD-678 013.
5 INDIAN OIL CORPORATIONLTD.
REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPPILLY NAGAR P.O., KOCHI-682036.
R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R5 BY ADV. ADV. M.GOPIKRISHNAN NMBIAR (B/O)
R5 BY ADV. SRI.K.JOHN MATHAI R5 BY ADV. SRI.JOSON MANAVALAN R5 BY ADV. SRI.KURYAN THOMAS R5 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.256 OF 2020 AGAINST THE JUDGMENT IN WP(C) 25180/2019(V) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
VRINDA VIJAYAN AGED 31 YEARS D/O. VIJAYAN ARAM VALLEY, 6/217 DIWADKAR BUILDING, SIR BHALCHANDRA ROAD, BEHIND RUIA COLLEGE, NEXT TO COLONY, NURSING HOME, MATUNGA, MUMBAI 400 019 BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS/RESPONDENTS:
1 THE DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE RD, THAVAKKARA, KANNUR, KERALA 670 002
2 THE ADDITIONAL DISTRICT MAGISTRATE KANNUR, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE RD, THAVAKKARA, KANNUR, KERALA 670 002
3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES)
PUBLIC OFFICE BUILDING, LMS, VELLALYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA 695 033
4 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI 400 051 R1-4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.266 OF 2020 AGAINST THE JUDGMENT IN WP(C) 25992/2019(Y) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
BEENA P.N.
AGED 55 YEARS W/O. LATE K.RAVIKUMR, VADAKKEKEERUVELIYIL, SANATHANAPURAM P.O., KALARCODE, ALAPPUZHA-688 003 BY ADVS.
SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA)
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR KOTTAYAM, KERALA STATE-686 002
2 THE TERRITORY MANAGER (RETAIL), BHARAT PETROLEUM CORPORATION LIMITED, ERNAKULAM RETAIL TERRITORY OFFICE, IRIMPANAM P.O., ERNAKULAM-682 039
3 EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTTAYAM-686 001
4 CHIEF ENGINEER, PWD ROAD DIVISION, THIRUVANANTHAPURAM-695 033 R1,3 &4 BY SRI. N.MANOJ KUMAR,SPECIAL GP(B/O)
R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R2 BY ADV. SRI.K.JOHN MATHAI R2 BY ADV. SRI.KURYAN THOMAS R2 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.296 OF 2020 AGAINST THE JUDGMENT IN WP(C) 25403/2019(A) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
SUNEESH A.K.
AGED 38 YEARS S/O.PADMANABHAN PULUKOOL, PADMALAYAM, KANHIRANGAD P.O., TALIPARAMBA TALUK, KANNUR DIST.-670142.
BY ADVS.
SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA)
RESPONDENT/RESPONODENTS:
1 THE DISTRICT MAGISTRATE OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE RD., THAVAKKARA, KANNUR, KERALA-670002.
2 THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR, OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE RD., THAVAKKARA, KANNUR, KERALA-670002.
3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES), PUBLIC OFFICE BUILDING, LMS, VELLALYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033.
4 INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI-400051.
R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.JOSON MANAVALAN R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.326 OF 2020 AGAINST THE JUDGMENT IN WP(C) 23644/2019(E) OF HIGH COURT OF KERALA DATED 19.12.2019 APPELLANT/PETITIONER:
BINU P G AGED 42 YEARS, S/O.LATE P R GOPINATH, T.C.8/1119-3, PLANKUDY, MITHRI NAGAR, VALIYAVILA, THIRUMALA, THIRUVANANTHAPURAM-695006 BY ADVS.
SRI.S.BIJU (KIZHAKKANELA)
SRI.JOHNSON GOMEZ RESPONDENTS/RESPONDENTS:
1 THE DISTRICT MAGISTRATE OFFICE OF THE DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686001
2 THE ADDITIONAL DISTRICT MAGISTRATE KOTTAYAM OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686001
3 THE CHIEF ENGINEER PWD(ROADS AND BRIDGES)
PUBLIC OFFICE BUILDING, LMS, VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033
4 INDIAN OIL CORPORATION LIMITED REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, G-9, ALI YAVAR JUNG MARG, BANDRA(EAST), MUMBAI-400051 R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR R4 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.JOSON MANAVALAN R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WA.No.327 OF 2020 AGAINST THE JUDGMENT IN WP(C) 29005/2019(A) OF HIGH COURT OF KERALA APPELLANT/PETITINER:
MOHAN.G AGED 55 YEARS S/O.K.N.GOPALAN, MANIKYAM, SASTHA NAGAR, SRA 188, PANGODE, THIRUMALA P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.SANJAY JOHNSON RESPONDENTS/RESPONDENTS: 1 THE STATE OF KERALA REP. BY THE ADDITIONAL CHIEF SECRETARY, KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA PUBLIC WORKS DEPARTMENT, REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, JAGAD BUILDINGS, KOWDIAR P.O., THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE ENGINEER PWD (ROADS AND BRIDGES), BEACH ROAD, KOLLAM-691001.
4 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM-691013.
5 HINDUSTAN PETROLEUM CORPORATION LTD., REP. BY ITS CHIEF REGIONAL MANAGER, COCHIN RETAIL REGIONAL OFFICE, ERNAKULAM NORTH P.O., P.B.NO.1601, COCHIN-682018.
R1-3 BY SPL.GOVERNMENT PLEADER SRI.N.MANOJ KUMAR R4 BY ADV. SRI.E.K.NANDAKUMAR (SR.)
R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.JOSON MANAVALAN R4 BY ADV. SRI.KURYAN THOMAS R4 BY ADV. SRI.PAULOSE C. ABRAHAM
JUDGMENT
WA.27/2020, WA.49/2020, WA.58/2020, WA.69/2020, WA.70/2020, WA.86/2020, WA.87/2020, WA.88/2020, WA.89/2020, WA.92/2020, WA.95/2020, WA.122/2020, WA.138/2020, WA.154/2020,WA.155/2020,WA.157/2020, WA.159/2020, WA.170/2020,WA.172/2020,WA.173/2020, WA.183/2020, WA.256/2020,WA.266/2020,WA.296/2020, WA.326/2020, WA.327/2020 -----------------------------------------------
Dated this the 5th day of March, 2020 S. Manikumar, CJ All these appeals arise out of dismissal of writ petitions filed seeking No Objection Certificates for starting petroleum retail outlets. Common judgment has been passed mainly placing reliance on IRC guidelines for access, location and layout of roadside fuel stations and service stations prescribed by Indian Roads Congress (IRC).
2. Facts in brief are as follows:
For obtaining licence for establishing petroleum retail outlets, No Objection Certificate of the District Authority under Rule 144 of the Petroleum Rules, 2002, framed under the Petroleum Act, 1934 is a mandatory prerequisite. The issue involved is whether NOC for establishing petroleum outlets could be denied on the ground that the proposed site for the retail outlet is not conforming to the Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations prescribed by Indian Roads Congress and the Norms for access for Fuel Stations, Service Stations and Rest Areas along National Highways prescribed by the Ministry of Road Transport and Highways (MORTH Norms). Writ court found that these batch of cases comprise of different categories. One category of cases deals with petitions, in which dealers selected by the oil marketing companies are seeking orders directing the District Authorities under the Rules to consider the applications preferred for No Objection Certificates in respect of their outlets without insisting compliance of IRC Guidelines and MORTH Norms. The next category of cases are similar to the first category, in which the petitioners could secure interim orders from the writ court, directing consideration of the applications for No Objection Certificates, without insisting compliance of IRC Guidelines and MORTH Norms, subject to the outcome of the writ petitions. Rest of the cases in the batch are similar to the second category, in which the petitioners could secure No Objection Certificates provisionally on the strength of interim orders passed by this Court.
3. After considering the rival submissions and upon perusal of the materials on record, writ court dismissed the writ petitions subject to the observations made in paragraph 21 of the judgment. In paragraph 21 of the judgment, writ court observed thus:
“21. Coming to the applicability of MORTH Norms, as noted, the case of the State is not consistent. In one counter affidavit, the stand taken is that it applies only to the fuel stations along the National Highways and in the other, the stand taken is that it applies to all roads in the State. When a specific question was put in this regard, the learned Government Pleader was unable to give a satisfactory answer as regards the said inconsistency. The learned Government Pleader was also unable to give a satisfactory answer as regards the doubt expressed by the court as to the applicability of the guidelines issued by the Ministry of Road Transport and Highways, Government of India for the roads in the State other than National Highways, over which the said Ministry has no control. The learned Government Pleader was also unable to explain why the MORTH Norms were not made part of the PWD Manual while the IRC Guidelines have been incorporated into the PWD Manual. Ext.P4 communication in W.P.(C) No.29807 of 2016, issued by the Ministry of Road Transport and Highways, Government of India indicates beyond doubt that MORTH Norms are intended to be applied only for establishment of fuel stations, private properties, rest area complexes and such other facilities along the National Highways. In the absence of any o
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