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HIGH COURT OF KERALA
MUHAMMED BASID P.K – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/12516/2021
Judgment - Writ Petition - W.P.(C) 9881 of 2020 - Petition granted in favor of petitioner.
Fact of the Case:
The petitioner filed a writ petition seeking benefits from a previous judgment related to dealership applications that were addressed in W.P.(C) No. 9881 of 2020.
Finding of the Court:
The court found that the issues raised by the petitioner were similar to those in the prior case and favored the petitioner in extending the benefits of that decision.
Issues: Whether the petitioner is entitled to the same benefits granted in W.P.(C) No. 9881 of 2020?
Ratio Decidendi: The court ruled that the analogous nature of the petitions warranted an extension of the previous judgment's benefits to the petitioner.
Final Decision: Writ petition disposed of in favor of the petitioner.
J U D G M E N T
The issues raised by the petitioner in this writ petition are covered in favour of the petitioner by the decision of this Court in W.P.(C)
No.9881 of 2020 and connected cases.
In the circumstances, the writ petition is disposed of directing the respondents to extend the benefit of the judgment in W.P.(C)
No.9881 of 2020 and connected cases to the petitioner herein also.
Sd/-
P.B.SURESH KUMAR JUDGE Mn APPENDIX OF WP(C) 12516/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE APPLICATION FOR RETIAL OUTLET DEALERSHIP DATED 11.04 2019 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
Exhibit P2 THE TRUE COPY OF THE LETTER OF INTENT DATED
03.09.219 ISSUED BY THE 5TH RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE APPLICATION FOR GRANTING NOC, DATED 04.11.2019 PREFERRED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE LETTER HAVING NO.
A5.NOV.4290/2019 DATED 25/02/2020 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE RELEVANT PAGES OF THE UNDATED IRC 12-2016 NORMS PUBLISHED BY THE INDIAN ROAD CONGRESS.
Exhibit P6 THE TRUE COPY OF THE GOVERNMENT ORDER , G.O(MS) N0.67/2020/PWD DATED 16.10.2020 PROMULGATED BY THE 1ST RESPONDENT ALONG WITH THE PWD MANUAL WHEREIN APPENDED GUIDELINES FOR ACCESS PERMISSION TO FUEL STATION ALONG STATE HIGHWAYS (SH) AND MAJOR DISTRICT ROADS (MDR).
Exhibit P7 THE TRUE COPY OF THE GOVERNMENT ORDER HAVING NO GO(MS) NO.46/2019/PWD DATED 22.10.2019.
Exhibit P8 THE TRUE COPY OF THE LETTER HAVING NO.PWDH1/429/2018-PWD DATED 18/12/2018 ISSUED BY THE JOINT SECRETARY, PSD(H) DEPARTMENT.
Exhibit P9 THE TRUE COPY OF THE NON-OBJECTION CERTIFICATE HAVING NO.E.5659/19 DATED
17.12.2019 ISSUED BY THE REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICES, KOZHIKODE.
Exhibit P10 THE TRUE COPY OF THE CONSENT TO ESTABLISH PETROLEUM RETAIL OUTLET ISSUED BY ASSISTANT ENVIRONMENTAL ENGINEER HAVING FILE NO.PCB/KKD/DO/11251/2021 DATED 14.06.2021.
Exhibit P11 THE DOWNLOADED JUDGMENT DATED 06.10.2020 IN WPC NO.20454 OF 2020 FROM THE OFFICIAL WEBSITE OF THE HON'BLE COURT OF KERALA.
Exhibit P12 THE DOWNLOADED JUDGMENT DATED 23.03.2021 IN WPC NO.7430 OF 2021 FROM THE OFFICIAL WEBSITE OF THE HON'BLE HIGH COURT OF KERALA.
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