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2021 Supreme(Online)(Ker) 58538

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RENJU MATHEW – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) 16842/2021



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943 WP(C) NO. 16842 OF 2021 PETITIONER:

RENJU MATHEW, AGED 36 YEARS W/O. ROBIN THOMAS KOCHETHU, KIZHAKKETATHU GEORDIE VILLA, PUTHUVAL, PATHANAPURAM-689695, NOW RESIDING AT FLAT #4, VILLA #602, MANASEER AREA, KHALDIYA, ABUDHABI, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, GEORDIE K. MATHEW, S/O. GEORGE MATHEW, AGED 33, KIZHAKKETATHU GEORDIE VILLA, PUTHUVAL, PATHANAPURAM-689695.

BY ADVS.

MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL M.MAHIN HAMZA RESPONDENTS:

1 THE DISTRICT COLLECTOR, PATHANAMTHITTA, DISTRICT COLLECTORATE, PATHANAMTHITTA, KERALA-689645.

2 REVENUE DIVISIONAL OFFICER, ADOOR, REVENUE DIVISIONAL OFFICE, M.G. ROAD, PARASS LA, ADOOR, KERALA-691523.

3 TAHSILDAR, ADOOR TALUK OFFICE, PARASS LA, ADOOR, KERALA-691523.

4 THE INDIAN OIL CORPORATION LIMITED, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., TRIVANDRUM-695008, REPRESENTED BY ITS SENIOR DIVISIONAL RETAIL SALES MANAGER.

5 SENIOR DIVISIONAL RETAIL SALES MANAGER, THE INDIAN OIL CORPORATION LTD, TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU P.O., TRIVANDRUM-695008.

6 ADDL.R6-THE ADDITIONAL DISTRICT MAGISTRATE, PATHANAMTHITTA

7 ADDL.R7-THE ASSISTANT DIVISIONAL OFFICE, FIRE AND RESCUE SERVICES DEPARTMENT, PATHANAMTHITTA.

8 ADDL.R8-THE ENVIRONMENTAL ENGINEER, STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PATHANAMTHITTA (ARE IMPLEADED SUO MOTU AS RESPONDENTS 6,7 AND 8 DATED 10.9.2021)

BY ADVS.

SMT.VINITHA B, GP SRI.M.G.K.NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-----------------------------------------------

J U D G M E N T

The Additional District Magistrate, Pathanamthitta is impleaded suo motu as the sixth respondent in the writ petition. Similarly, the Assistant Divisional Officer, Fire and Rescue Services department, Pathanamthitta and the Environmental Engineer, State Pollution Control Board, District Office, Pathanamthitta are impleaded suo motu as respondents

7 and 8 in the writ petition.

2. The grievance of the petitioner in the writ petition concerns the delay on the part of the sixth respondent in disposing of the application for No Objection Certificate preferred by the fourth respondent in terms of the provisions of the Petroleum Rules so as to enable the petitioner to establish a petroleum outlet.

3. The learned Government Pleader, on instructions, submitted that the delay in the disposal of the application referred to in the writ petition is due to the delay on the part of respondents 3, 7 and 8 in forwarding the No Objection Certificate sought from them by the sixth respondent.

Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing respondents 3, 7 and 8 to forward their remarks on the proposal of the petitioner to establish the petroleum outlet referred to in the writ petition within two weeks from the date of production of a copy of this judgment. Ordered accordingly. Needless to say that within six weeks thereafter, the sixth respondent shall dispose of the application for No Objection Certificate. The petitioner shall produce certified copy of this judgment for compliance before respondents 3, 6, 7 and 8.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV APPENDIX OF WP(C) 16842/2021 PETITIONER'S EXHIBITS Exhibit P1 THE POWER OF ATTORNEY DATED 27/12/2018 EXECUTED BY THE PETITIONER IN FAVOUR OF GEORDIE K. MATHEW.

Exhibit P2 TRUE COPY OF THE LETTER NO. INTENT BEARING REF.

NO.2012/IN000111/KER/000009/4202/00008 AND DATED 09/04/2012 ISSUED BY THE R5.

Exhibit P3 THE TRUE COPY OF LETTER BEARING REF.

TDO R. PUTHUVAL AND DATED 15/06/2012 ISSUED BY THE R5 TO THE R1.

Exhibit P4 TRUE COPY OF THE INTIMATION BEARING NO.

B4-22604/3/12 AND DATED 07/07/2012 SENT BY THE R1 TO THE R2 RDO, EXECUTIVE ENGIN

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