IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 24700 of 2009(F) ---------------------------------------- PETITIONER(S): ------------------------- K.VIJAYAKUMARAN NAIR, SREESAILAM, MELONCODE, VELIYARA, VELLANAD P.O., THIRUVANANTHAPURAM. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, NEDUMANGAD. 3. SMT.SHEEJAKUMARI, B.V.NIVAS, KULAKODE, VELLANAD, THIRUVANANTHAPURAM DISTRICT. R1 &R2 BY GOVERNMENT PLEADER MR. K. RAMESH R3 BY ADVS. SMT.SHIBI. K.P., SMT.V.P.GEETHA KUMARY, MR.C.P.JAGADESH, MR.A.N.PREMLAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24700/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGEMENT IN WPC.NO.2538 OF 2006 DTD.16/07/07. P2: COPY OF THE JUDGMENT IN CON.CASE (C) NO.1628 OF 2007 DTD. 3/12/07. P3: COPY OF THE REPRESENTATION DTD. 6/01/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 24700 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2010. JUDGMENT The petitioner is aggrieved by the grant of NOC by the District Collector to the third respondent to establish a petroleum outlet in respect of the property in resurvey No.499/12 and 499/10 in Block No.38 of Vellanad Village, Nedumangad Taluk. The allegation raised by the petitioner is that the third respondent is having only 17.5 cents of land and what is required is a minimum of 20 cents and the NOC has been issued in respect of the property byincluding adjoining puramboke land. The petitioner seeks for a direction to the District Collector to enquire into the matter in the light of Exts.P1 and P2 judgments. Ext.P3 is the representation submitted by the petitioner in this regard. 2. Learned Govt. Pleader on instructions, submitted that the matter is now in seisin of the first respondent and due enquiry is being conducted. He further submits that appropriate orders will be passed within a period of one month. 3. Therefore, there will be a direction to the first respondent to complete the enquiry already initiated in the matter and after hearing the wpc24700 /2009 2 petitioner and the third respondent, a decision will be taken and the same will be communicated to the parties. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/