IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 10029 of 2006(R) --------------------------------------- PETITIONER: ------------------- UPENDRA NARAYANAN, KUNNAYATH HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.ANTONY V. PAUL. RESPONDENTS: ----------------------- 1. THE SECRETARY, NEDUMBASSERY GRAMA PANCHAYAT, NEDUMBASSERY P.O., ALUVA. 2. THE SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION, (ERNAKULAM RURAL), CHENGAMANAD P.O., VIA. ALUVA. 3. THE TAHSILDAR, ALUVA TALUK, MINI CIVIL STATION, ALUVA. 4. THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM. 5. THE SENIOR REGIONAL MANAGER, HINDUSTAN PETROLEUM CORPORATION LTD., TATAPURAM, KOCHI-18. 6. PAUL VADAKKUMCHERI, S/O. VARIDUTTY, KEYSTONE VILLA, VADAKKUMCHERIL HOUSE, VADAMA VILLAGE, MALA P.O., THRISSUR DISTRICT. ADV. SRI. A.M. SHAFIQUE (SR) FOR R5, SRI.PAUL K.VARGHESE FOR R6, SRI.V.M.SAJAN FOR R6. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10029/2006-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPORT OF THE VILLAGE OFFICER DTD. 03/02/2006. EXT.P.2: COPY OF THE STOP MEMO ISSUED BY THE VILLAGE OFFICER, DTD. 03/02/2006. EXT.P.3: COPY OF THE ORDER OF THE SUB DIVISIONAL MAGISTRATE, FORTCOCHIN DTD. 28/03/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.10029 OF 2006 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T This writ petition is filed mainly with the following prayers: i) To issue a writ of mandamus or any other appropriate writ/order or direction to the 1st respondent to cancel the sanction/ licence issued to the 6th respondent for starting the petrol pump. ii) To issue a writ of mandamus or any other appropriate writ/order or direction to the 4th respondent to cancel the NOC given to the 6th respondent to start a petrol pump. iii) To issue a writ of mandamus or any other appropriate writ/order or direction to the 3rd and 4th respondent to initiate proceedings against the 6th respondent under Land Conservancy Act and land utilization order 1967. It is seen from Exhibit P3 that the Sub Divisional Magistrate, Fort Cochin has seized the matter. This writ petition is disposed of directing the said authority to pass final orders in the matter, if not already passed. Interim order passed by this Court will continue till such time. It is made clear that any further action in the matter by respondents 1 to 5 shall depend on the order thus passed by the Sub Divisional Magistrate. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 10029 OF 2006 J U D G M E N T 29.09.2008