IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 25937 of 2009(J) ------------------------------------- PETITIONER: ------------------- VEEPEEYES ASSOCIATES CHETTIKULANGARA, MAVELIKKARA- 690 106, REPRESENTED BY THE PROPRIETRESS K.P. SASIKALADEVI, REPRESENTED BY POWER OF ATTORNEY HOLDER, P.JAGADISH, AGED 51 YEARS, SON OF M. PARAMESWARAN PILLAI. BY ADVS. MR.H.B.SHENOY, MR.B.ASHOK SHENOY, SMT.LAKSHMI B.SHENOY, MR.ABU MATHEW, MR.SOBHAN GEORGE. RESPONDENT: ---------------------- HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS SENIOR REGIONAL MANAGER, P.B. NO. 1601, ERNAKULAM NORTH P.O., KOCHI- 682 018. BY ADV. MR. E.K. NANDAKUMAR, S.C, H.P.C.L. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.25937 of 2009 - J ---------------------------------------- Dated 18th September, 2009 Judgment Heard Sri.Ashok B.Shenoy, the learned counsel appearing for the petitioner and Sri.E.K.Nandakumar, the learned standing counsel appearing for the Hindustan Petroleum Corporation. 3. The Hindustan Petroleum Corporation sold in public auction right to remove tanks and buildings from their Kollam depot on 'as is where is basis' after inviting a global tender. The petitioner was the successful bidder. As per the terms and conditions of the tender, the petitioner has to remove the steel tanks, the tank base plates and also the sand pads above the ground level. The petitioner submits that though the tanks have been dismantled and the steel base plates also removed, of late, the respondents are not issuing gate passes to transport sand removed from the sand pads above the ground level. The petitioner submits that he has obtained the requisite permit from the Revenue Divisional Officer, Kollam for removal of sand from the sand pads. The petitioner’s grievance is that notwithstanding the permit issued by the Revenue Divisional Officer, Kollam, the Hindustan Petroleum Corporation is W.P.(C) No.25937/2009 2 not issuing gate passes to transport sand removed from the sand pads. This writ petition is filed seeking a writ in the nature of mandamus commanding the Hindustan Petroleum Corporation to issue gate passes to the petitioner to remove sand from the sand pads which form the foundation of the steel tanks already removed by them. 3. Sri.E.K.Nandakumar, the learned standing counsel appearing for the Hindustan Petroleum Corporation submits, on instructions, that the respondent has no objection to the petitioner removing sand from the sand pads up to the ground level and that gate passes will be issued to him if he executes an undertaking that he will remove sand up to the ground level only. In the light of the said submission, I dispose of this writ petition with a direction to the respondent to issue gate passes to the petitioner to remove sand from the sand pads which form the base of the dismantled steel tanks and the remaining steel tanks in the event of the petitioner filing an undertaking in the form of an affidavit attested by a Notary before the respondent undertaking that he will not remove sand from below the ground level. The petitioner shall, in the said affidavit, also undertake to strictly abide by the terms and conditions stipulated in Ext.P6 order passed by the Revenue W.P.(C) No.25937/2009 3 Divisional Officer, Kollam. The respondent shall thereupon issue the necessary gate passes after verifying that sand is not removed from below the ground level. It will be open to the respondent to deny gate passes, if it is found, on inspection by officials of the respondent that the petitioner has removed sand below the ground level. P.N.RAVINDRAN Judge vaa