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2021 Supreme(Online)(KER) 6998

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
M.S.JAYACHANDRAN – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


Advocates:
SRI.K.R.VINOD, SMT.M.S.LETHA, KUM.K.S.SREEREKHA, SRI.NABIL KHADER, SRI.JOHNSON GOMEZ, SRI.S.BIJU (KIZHAKKANELA), SMT.O.M.SALEENA, CGC, SRI.K.J.MANURAJ, GOVERNMENT PLEADER

J U D G M E N T

The questions arising for consideration in these matters being closely interlinked, they are disposed of by this common judgment. The parties and exhibits are referred to in this judgment, unless otherwise mentioned, as they appear in W.P.(C)

No.1924 of 2020.

2. The facts relevant for adjudication of the questions are the following : The sixth respondent is a petroleum company. They have appointed one Sainudeen as their franchisee for establishing and operating a petroleum retail outlet in a land abutting NH - 183 at Poruvazhi in Kollam District. In order to enable the franchisee to establish and operate the petroleum outlet, the sixth respondent obtained permission from the Ministry of Road Transport and Highways, Government of India (MoRTH) for access to the abutting National Highway. Ext.P1 is the access permission obtained by the sixth respondent. W.P.(C) No.1924 of

2020 is instituted challenging the access permission aforesaid on the ground that since there are two intersecting roads to the highway with carriageway width of more than 3.5 meters within 300 meters from the site of the proposed petroleum outlet, the access permission is contrary to Ext.P2 norms presc

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